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HomeMy WebLinkAbout2015-07-13 Board AgendaVILLAGE BOARD OF TRUSTEES REGULAR MEETING NOTICE /AGENDA TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER SCANLON CONFERENCE ROOM JULY 139 2015 6:00 pm (The hour between 6:00 and 7: 00 pm is set aside for Executive Session per 1-5- 7A of the Village of Morton Grove Municipal Code. If the Agenda does not include an Executive Session, the meeting will begin at 7:00 pm.) 1. Call to Order 2. 3 4. 5. 6. 7. 8. Pledge of Allegiance Executive Session — Review of Executive Session Minutes THE BALANCE OF THE MEETING SHALL COMMENCE AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE RICHARD T. FLICKINGER MUNICIPAL CENTER Reconvene Meeting Pledge of Allegiance Roll Call Approval of Minutes — Regular meeting — June 22, 2015 Special Reports a. Plan Commission Case PC 15 -04 Requests an Amendment to a Special Use Permit for Entertainment Uses in Accordance with Section 12 -4 -3D of the Unified Development Code at the Property Commonly Known as 8220 Austin Avenue to be Presented by Community and Economic Development Director Nancy Radzevich Richard T. Flickinger Municipal Center 6101 Capulina Avenue . Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 Recycled Paper 9. Public Hearings 10. Residents' Comments (agenda items only) 11. President's Report — Administration, Northwest Municipal Conference, Council of Mayors, Strategic Plan, Comprehensive Plan a. Ordinance 15 -14 (Introduced July 13, 2015) (First Reading) Amending Title 1, of the Municipal Code Entitled "Administrative ", Chapter 5 Entitled "Village Board of Trustees ", Section 5 Entitled "Rules of Procedure" by Adding Two New Paragraphs "K" and "L" Entitled "Electronic Attendance" and "Sample Electronic Attendance Request" b. Mayoral Update /Review 12. Clerk's Report — Community Relations Commission 13. Staff Reports a. Village Administrator 1) Miscellaneous Reports and Updates b. Corporation Counsel 14. Reports by Trustees a. Trustee Grear — Police Department, Community and Economic Development Department, Fire and Police Commission, Police Facility Committee, NIPSTA, Lehigh/Ferris TIF, Prairie View TIF ('Trustee Witko) 1) Resolution 15 -54 (Introduced July 13, 2015) Authorizing the Disposition of Unclaimed Bicycles Recovered by the Morton Grove Police Department b. Trustee Minx — Natural Resource Commission, Plan Commission/Zoning Board of Appeals, Building Department (Trustee Pietron) 1) Ordinance 15 -15 (Introduced July 13, 2015) Amendment to a Special Use (Ord 11 -27, 13 -15, 14 -21) to Allow for Expanded Days and Hours for the Operation of the Previously Approved Haunted House and Additional Entertainment Uses at 8820 Austin C. Trustee Pietron — Public Works Department, Condominium Association, Economic Development Commission, Dempster Street Corridor Plan (Trustee Minx) 14. Reports by Trustees (continued) d. Trustee Ramos — Legal, Finance Department, Finance Advisory Commission, Traffic Safety Commission, Waukegan Road TIF, Capital Projects (Trustee Thill) 1) Ordinance 15 -11 (Introduced June 22, 2015) (Second Reading) Amending Title 1, Chapter 10, Article G of the Municipal Code Entitled Business Occupation Taxes 2) Ordinance 15 -12 (Introduced June 22, 2015) (Second Reading) Amending Title 1, Chapter 10, Article J of the Municipal Code Entitled Local Motor Fuel Tax 3) Ordinance 15 -13 (Introduced June 22, 2015) (Second Reading) Amending Title 1, Chapter 10, Article E of the Municipal Code Entitled Municipal Natural Gas Use Tax and the Amendment of the Tax Collection Agreement Between the Village and Northern Illinois Gas Company e. Trustee Thill — Fire Department, Emergency Management Agency, RED Center, Environmental Health, Solid Waste Agency of Northern Cook County, Appearance Commission (Trustee Ramos) £ Trustee Witko — IT Communications, Strategic Plan Committee, Family and Senior Services Department, Chamber of Commerce, Advisory Commission on Aging (Trustee Great) 1) Resolution 15 -55 (Introduced July 13, 2015) Authorizing a Contractual Agreement with Tobin Cheuk of Morton Grove, Illinois for Technology Services, Operations Support, and Application Development 15. Other Business 16. Presentation of Warrants: $334,635.92 17. Residents' Comments 18. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 19. Adjournment -To ensure full accessibility and equalparticipation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8471470 -5220) promptly to allow the Village to make reasonable accommodations. CALL TO ORDER I & Village President Dan DiMaria called the meeting to order at 6:00 p.m. in the Trustees' II. Conference Room and led the Board in the Pledge of Allegiance. IV. Corporation Counsel Liston called the roll. Present were: Trustees Bill Grear, Rita Minx, John Pietron, Ed Ramos, and Janine Witko. Trustee Thill was absent with notice. EXECUTIVE SESSION Trustee Minx moved to adjourn to Executive Session to discuss pending litigation, personnel, and real estate matters. Trustee Ramos seconded the motion. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear aye Tr. Minx aye Tr. Pietron ave Tr. Ramos aye Tr. Thill absent Tr. Witko ave The Executive Session began at 6:01 p.m. There being no moved to adjourn the Executive Session and recommence Council Chambers at 7:00 p.m. The motion was seconded Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear afe Tr. Minx aye Tr. Ramos aye Tr. Thill absent The Executive Session adjourned at 6:35 p.m. further business, Trustee Minx the regular Board meeting in the by Trustee Witko. Tr. Pietron aye Tr. Witko ave RECONVENE MEETING Village President Dan DiMaria reconvened the meeting at 7:00 p.m. and led the assemblage in the Pledge of Allegiance, after which Corporation Counsel Liston called the roll. Minutes of June 22 .2015 Board Meeting V. APPROVAL OF MINUTES Regarding the Minutes of the June 8, 2015 Regular Board Meeting Trustee Pietron moved, seconded by Trustee Minx, to accept the Minutes as presented. Trustee Minx noted several corrections in the Minutes. The first, on page 5, in the last line of paragraph b at the top of the page, the word "exclude" was misspelled (exdude). Next on page 9, #3a, the word "state" had been misspelled ( "sate). In the same paragraph there is a reference to "June 30, 2105" which should be "June 30, 2015." With these corrections noted, Mayor DiMaria called for the vote. Motion passed unanimously (with one absence) via voice vote. VI. SPECIAL REPORTS NONE VII. PUBLIC HEARINGS NONE VIII. RESIDENTS' COMMENTS (Agenda Items Only) NONE IX. Appointment of New Village Clerk PRESIDENT'S REPORT a. Mayor DiMaria asked for a motion from the Board to approve the appointment of Connie Travis as Village Clerk. Trustee Pietron moved to concur with the appointment, seconded by Trustee Minx. Motion passed unanimously (with one absence) via voice vote. Mayor DiMaria then went to the podium and swore in Clerk Travis. b. Ms. Travis thanked the Mayor and Board for their confidence in her and said she would take the duties of Village Clerk with the highest regard. She added that she looked forward to working with the Board and staff. Ms. Travis thanked herfamily for their support, and said she was very much anticipating getting down to the business of being Village Clerk. 2. Mayoral Update a. Mayor DiMaria said there were some local celebrities in the assemblage this evening. He introduced former Morton Grove residents Carrie, Michael, and Tom Nahabedian. Mayor DiMaria said that Tom Nahabeidan's design of Carrie and Michael's restaurant, Brindille, won a 2015 James Beard Award. Carrie herself is a celebrated chef in the art of French cooking, and won a James Beard Award in 2008. IX. PRESIDENT'S REPORT (continued) Minutes of June 22 2075 Board Meeting' b. Mayor DiMaria read a brief proclamation about the family's accomplishments and named June 22, 2015 as "Nahabedian Family Day" in Morton Grove. c. Carrie Nahabedian expressed her thanks and said her aunt and uncle still live in Morton Grove, and the family's heart is in Morton Grove. Michael said they missed eating at Esposito's, and commented on growing up and playing baseball in Morton Grove. Tom said they were all very appreciative of the Village's recognition, and told the Board, "Keep up the great work!" 3. Resolutions a. Mayor DiMaria presented the first of several Resolutions: Resolution 15-41, Appointing a Director and Alternate Director to the Solid Waste Agency of Northern Cook County (SWANCC). Mayor DiMaria said that, as a member of SWANCC, the Village is entitled to appoint a director and an Alternate Director(s) to the Agency's Board. The Board of Directors approves the yearly budget for the Agency and sets policy for the region's long -term plan to manage the area's garbage. This resolution names Trustee John Thill as the Village's Director on the SWACC Board, and Trustee John Pietron and Village Administrator pro tem Tom Friel as the Alternate Directors. Trustee Minx moved to approve Resolution 15 -41, seconded by Trustee Witko. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear aye Tr. Minx aye Tr. Pietron aye Tr. Ramos aye Tr. Thill absent Tr. Witko aye b. Next, Mayor DiMaria presented Resolution 15 -42, Authorizing the Appointment of Delegates to the Northwest Municipal Conference (NWMC). He said that he is the Village's delegate to the NWMC, and if he is unable to attend a meeting, alternate delegates are needed to represent the Village in NWMC Board matters. This resolution designates Trustee Bill Grear and Village Administrator pro tem Tom Friel as alternate delegates to the NWMC. Trustee Pietron moved to approve Resolution 15-42, seconded by Trustee Minx Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear ave Tr. Minx aye Tr. Pietron ave Tr. Ramos aye Tr. Thill absent Tr. Witko ave c• Mayor DiMaria then brought forward Resolution 15-43, Authorizing the Appointment of Delegates to the Intergovernmental Personnel Benefit Cooperative (IPBC). He explained that the Village has been a member of the IPBC for several years. Delegates are needed to represent the Village in IPBC matters. Minutes of June 22. 2015 Board Meeting IX. PRESIDENT'S REPORT (continued) This resolution names Village Administrator pro tem Tom Friel and Finanoe Director/Treasurer Remy Navarrete as the Village's representatives to the IPBC. Trustee Minx moved to approve Resolution 15 -43, seconded by Trustee Witko. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Great aye Tr. Minx aye Tr. Pietron aye Tr. Ramos aye Tr. Thill absent Tr. Witko aye d• The mayor next presented Resolution 15-44, Authorizing the Appointment of a Delegate and Alternate Delegate to the Illinois Municipal Retirement Fund (IMRF). Mayor DiMaria said the Village is a member of IMRF, and IMRF requires the Village to designate its representatives to this agency. This resolution designates Finance Director/ Treasurer Remy Navarrete and Village Administrator pro tem Tom Friel as the Village's representatives to IMRF. Trustee Pietron moved to approve Resolution 15-44, seconded by Trustee Minx Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear aye Tr. Minx aye Tr. Pietron aye Tr. Ramos aye Tr. Thill absent Tr. Witko aye 4. Mayor DiMaria encouraged the assemblage to come out to the Morton Grove Days festivities on July 2nd, 3rd, and df. He said he hoped to see everyone there. X CLERK'S REPORT Clerk Travis had no report at this time. XI. STAFF REPORTS A. Village Administrator: 1. Village Administrator pro tem Tom Friel gave a presentation on staffs recommendations to the Village Board to adjust the Natural Gas Tax, the Motor Fuel Tax, and the Home Rule Sales Tax to provide additional revenue tothe Village for Capital Projects, further diversify the Village's tax base, and reduce dependency of local property taxes. a. He explained that the Village has incorporated a Capital Improvement Plan in the budget process (and he explained that what makes something a "capital" improvement is if the improvement will cost more than $10,000 or if it will have a service life of 10 years or longer, like buildings or large equipment). Minutes of June 22 2015 Board Meeting" XI. STAFF REPORTS (continued) A. Village Administrator (continued) b. The Village's capital needs for fiscal year 2016 through fiscal year 2020 include an estimated $20 million for a police /municipal facility; an estimated $1 -2 million for local water delivery improvements; $250,000 for routine equipment and vehicle updates; and $1 million annually for street improvements. C. Mr. Friel said these are all cost - intensive projects for which the Village must find funding. The Board has indicated that other resources outside of huge hits to local property taxes must be found. Mr. Friel said that Village staff will look for and attempt to obtain various grants to fund some of the capital improvements. He said that staff is recommending an adjustment to certain user taxes and fees. These are covered in three ordinances that Trustee Ramos will be presenting later this evening. d. The first, Ordinance 15 -11, will amend the Business Occupational Tax, also known as the home rule sales tax. The home rule sales tax was introduced in 1991 as a 0.50% tax on items purchased within the Village. In 1994, the home rule sales tax increased to 0.75 %, and in 2003, increased again to 1 %. The proposal before the Board is to raise it to 1.25 %. Mr. Friel said the Finance Department, through the Northwest Municipal Conference, conducted a survey of this type of tax and found that Morton Grove's neighbors, Skokie and Niles, each have a home rule sales tax of 1.25 %. Mr. Friel said it is estimated that increasing the tax to 1.25% will bring in an extra $500,000 of revenue to the Village annually. Ordinance 15 -12 is staffs proposal to increase the Village's Local Motor Fuel Tax. When first introduced in 2003, the local motor fuel tax was $.01 /gallon. In 2005, it went up to $.02 /gallon. The proposal before the Board is to increase it now to $.04 /gallon. Mr. Friel noted that Des Plaines and Evanston have a similar tax, which is currently at $.04 /gallon, while Skokie's tax is $.05/ gallon. If implemented, this increase will bring in an estimated $500,000 to the Village annually. e. Mr. Friel said that Ordinance 05 -13 deals with the Natural Gas Use Tax. When this tax was first instituted in 2002, the tax was $.02 /therm. It has not increased since 2002. The proposal is to increase this to $.05/therm. Mr. Friel said the typical home uses 150 therms a month, which would mean this tax would be the equivalent of a monthly $4.50 increase to the average homeowner. If implemented, it would bring in an estimated $350,000 in revenue to the Village annually. Mr. Friel said that, all told, and at a conservative estimate, these tax increases could bring to the Village an extra $1 million a year, and staff felt these adjustments were both appropriate and necessary. g. Mr. Friel said it's important to note that Governor Rauner's proposed budget severely reduces state dollars to local governments and seeks to limit home rule taxing ability. He said that the first reading of all three ordinances would be this evening, and they would be voted on at the Board's July 131h meeting. B. Corporation Counsel` Corporation Counsel Liston had no report. XII. A. Trustee Grear: TRUSTEES' REPORTS 'Minutes of June 22. 2016 Board Meeting Trustee Grear presented Ordinance 15 -10, Amending Title 6, Chapter 7 of the Municipal Code Entitled "Items Designed or Marketed for Use With Illegal Cannabis or Drugs" and Title 1, Chapter 4 Entitled "Monetary Penalties and Fines for Specific Violations and Offenses." This is the second reading of this Ordinance a• Trustee Grear explained that Village staff periodically reviews Village codes and ordinances to ensure they are in compliance with State statutes and current practices. A significant number of court prosecutions for the offense of possessing a small amount of illegal cannabis are often dismissed, resulting in limited to no deterrent effect, and consuming police and prosecutor resources. This ordinance will allow for the prosecution of possession of small amounts of illegal cannabis as a local ordinance violation resulting in fines between $100 to $750, and will authorize the local adjudication hearing officer to require offenders to perform community service and /or attend drug education training as part of said penalty. Trustee Grear moved to adopt Ordinance 15 -10, seconded by Trustee Witko. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear ave Tr. Minx ave Tr. Pietron aye Tr. Ramos ave Tr. Thill absent Tr. Witko ave 2. Trustee Grear said that he, too, hoped to see everyone at the Morton Grove Days festivities. B. Trustee Minx: Trustee Minx presented Ordinance 15 -06, Approving a Special Use Permit for a Library Use at 6200 Lincoln Avenue. This is the second reading of this Ordinance. a. Trustee Minx explained that the Morton Grove Public Library owns and operates the 30,600 square foot public library at 6140 Lincoln Avenue. The building recently underwent major renovations, including installation of ADA- compliant ramps, widened aisles for increased accessibility, and the creating of dedicated study rooms and a quiet reading area. With these changes, interior space for existing book and material collections, computer stations, etc. was diminished. The Library purchased the property at 6200 Lincoln as an extension of their existing library. The 6,336 square foot building at the northwest corner of Lincoln and Georgiana will house some existing library services, equipment, and storage materials, which can no longer be accommodated in the existing building. b. Overall, the expanded library campus will have 31 on -site parking spaces (25 at 6140 Lincoln and 6 at 6200 Lincoln). Additionally, the library leases 30 parking spaces from St. Martha's. wf Minutes of June 22, 2016 Board Meeting XII. TRUSTEES' REPORTS (continued) B. Trustee Minx: (continued) C. This case was originally recommended to be denied by the Plan Commission, due to the absence of a professional traffic /parking study at the time. When it came before the Village Board, the Board's decision was to remand it back to the Plan Commission for further consideration, because a professional traffic and parking study had subsequently been conducted. The Plan Commission reviewed the new information and voted unanimously to recommend approval of the application for a Special Use Permit. Trustee Minx moved to adopt Ordinance 15 -06, seconded by Trustee Witko. d. Trustee Grear asked how long the Library's lease agreement with St. Martha's was. Community and Economic Development Director Nancy Radzevich responded that it has just recently been extended for another three years. She added that one of the conditions of the Special Use Permit stipulates that, if something happens where the Library ends up losing some of their parking spaces, they must come back before the Plan Commission for further review. Mayor DiMaria called for the vote on Ordinance 15 -06. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear aye Tr. Minx Tr. Ramos aye Tr. Thill ave Tr. Pietron aye absent Tr. Witko aye 2. Next, Trustee Minx presented Ordinance 15 -07, Amending the Village's Unified Development Code (Ord. 07 -07) to Establish a Time Limit for the Validity of Variations Granted by the Zoning Board of Appeals. This is the second reading of Ordinance 15 -07. Trustee Minx explained that this Ordinance will establish a timeframe for the validity of variations granted by the Zoning Board of Appeals. The text amendment to the Unified Development Code will establish that variations granted by the Zoning Board of Appeals shall be valid for up to one year from the date of approval, unless a building permit is issued and construction has begun within that period and is thereafter actively pursued to completion, or unless the applicant files for and is granted an extension of time by the Zoning Board of Appeals. Trustee Minx moved to adopt Ordinance 15 -07, seconded by Trustee Grear. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear aye Tr. Minx ave Tr. Pietron aye Tr. Ramos aye Tr. Thill absent Tr. Witko aye 3. Trustee Minx said that she would see eeeryone at Morton Grove Days. xll. TRUSTEES' REPORTS (continued) utes of June 22, 2015 Board Meeting C. Trustee Pietron: 1. Trustee Pietron presented Ordinance 15 -08, Amending Title 7, Chapter 4, Article 7 of the Municipal Code of the Village of Morton Grove Sprinkling Regulated for Water Users. This is the second reading of this Ordinance. a. Trustee Pietron said that this ordinance will revise the existing ordinance as mandated by the amended Illinois Department of Natural Resources, Lake Michigan Water Allocation Rules and Regulations, November 18, 2014. b. The following language will be added to Title 7, Chapter 4, Article 7 of the Municipal Code: "Lawn sprinkling shall not occur on consecutive days nor shall any lawn sprinkling occur in the middle of the day between the hours of 11:00 a.m. and 6:00 p.m. and 11:00 p.m. and 5:00 a.m. on each and every calendar day. Sprinkling shah be permitted on odd/even days Properties with even - numbered street numbers (i.e., numbers ending in 0, 2, 4, 6, or 8) may sprinkle on even - numbered calendardays between the hours of 5:00 a.m. to 11:00 a.m. and 6:00 p.m. to 11:00 p.m. Properties with odd- numbered street numbers (i.e., those ending in 1, 30 5, 7, or 9) may sprinkle on odd - numbered calendar days between the hours of 5:00 a.m. to 11:00 a.m. and 6:00 p.m. to 11:00 p.m." Also added will be: "New /replacement sprinkler systems shall be equipped with a Water Sense labeled irrigation controller andshall be in compliance with Section 2.5(g) for the Illinois Plumbing License Law (2251LCS320]." Trustee Pietron moved, seconded by Trustee Witko, to adopt Ordinance 15 -08. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear aye Tr. Minx ave Tr. Pietron ave Tr. Ramos ave Tr. Thill absent Tr. Witko aye 2 Next, Trustee Pietron presented Resolution 15 -52, Authorizing the Annual Veterans Day Parade. a He explained that the Veterans Day Parade requires the partial closing of Dempster Street, and the Illinois Department of Transportation requires the Village to adopt a resolution approv- ing of the closing of Dempster Street. Resolution 15-52 authorizes the annual Veterans Day Parade to take place on Sunday, November 8, 2015 beginning at 1:30 p.m. The parade begins at the Civic Center, crosses Dempster Street, marches from Dempster to Georgiana, from Georgiana to Crain, from Crain to School, from School to Lincoln, stopping at the Morton Grove Public Library, and then marches back to the Civic Center. Trustee Pietron moved to approve Resolution 15-52, seconded by Trustee Grear. Trustee Grear commented that we haven't even had the Fourth of July Parade yet! Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear aye Tr. Minx aye Tr. Pietron aye Tr. Ramos aye Tr. Thill absent Tr. Witko ave - Minutes of June 22, 12015 Board Meeting XII• TRUSTEES' REPORTS (continued) C. Trustee Pietron: (continued) 3. Trustee Pietron then presented Resolution 15 -53, Guarantee of Municipal Work Performed on State of Illinois Rights -of -Way Within the Village of Morton Grove. a. Trustee Pietron said this is a routine guarantee provided by many municipalities. The Illinois Department of Transportation requires a permit and financial security (highway bond) for work performed within their rights -of -way. Municipalities have an option of providing the financial security for each repair or may provide a guarantee that all work performed by the Village within the State's rights -of -way will conform to the requirements of the performance for the work. Providing this guarantee will eliminate the time and cost of procuring a bond for each permit. Trustee Pietron moved to approve Resolution 15-53, seconded by Trustee Minx Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear aye Tr. Minx aye Tr. Pietron aye Tr. Ramos aye Tr. Thill absent Tr. Witko aye 4. Trustee Pietron then presented Resolution 15 -47, Authorizing a Contractual Agreement With Gewalt Hamilton Associates, Inc. For Services Relating to a Long-Term Water Supply Agreement With the City of Evanston. a• Trustee Pietron said that Morton Grove has purchased water from the City of Chicago for many years; however, due to recent substantial rate hikes, the Village believes it is in its best interest to find an alternative water source at more favorable rates. Due to the complexity of the negotiation, the engineering, and the issues related to a long -term water supply agreement, it is recommended that a special engineering consultant be hired. b. The Village has done extensive research and has received proposals from the City of Evanston and from the Villages of Wilmette /Glenview for an alternative Water Supply Agreement. These proposals have been reviewed by Village staff, Gewalt Hamilton Associates, Inc., William Balling of WRB, LLC, and Barbara Adams of Holland & Knight, LP, all of whom have been consulted due to the technical and specialized nature of the Water Supply Agreement. a The Village is currently negotiating a long -term water supply agreement with the City of Evanston. As the project progresses, it is in the Village's best interests to enter into a formal agreement with Gewalt Hamilton Associates, Inc. as an engineering consultant to advise the Village on the engineering concerns related to a contract with the City of Evanston for an alternative water supply source. d. Trustee Pietron said Gewalt Hamilton Associate Inc.'s fees will be based on the actual amount of work performed, and shall not exceed $33,000. The Village of Morton Grove and the Village of Niles will equally pay all approved charges. Trustee Pietron added that he had checked with people he knows in the industry, and they have a very high regard for Gewalt Hamilton Associates, Inc. XII. C. Trustee Pietron: (continued) TRUSTEES' REPORTS (continued) Minutes of June 22, 2015 Board Meeting Trustee Pietron moved to approve Resolution 15-47, seconded by Trustee Grear. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear ave Tr. Minx ave Tr. Pietron aye Tr. Ramos ave Tr. Thill absent Tr. Witko ave 5. Trustee Pietron congratulated Clerk Travis and said it would be a pleasure to serve with her. D. Trustee Ramos: Trustee Ramos presented for a first reading Ordinance 15 -11, Amending Title 1, Chapter 10, Article G of the Municipal Code Entitled "Business Occupation Taxes." Trustee Ramos said that, as Village Administrator pro tem Friel had given a detailed report earlier covering this and the next two ordinances, he would letthat suffice. As this is a first reading, no action will be taken this evening. 2. Next, Trustee Ramos introduced for a first reading Ordinance 15 -12, Amending Title 17 Chapter 10, Article J, of the Municipal Code Entitled "Local Motor Fuel Tax." As this is a first reading, no action will be taken this evening. 3. Trustee Ramos then presented for a first reading Ordinance 15 -13. Amending Title 11 Chapter 10, Article E of the Municipal Code Entitled "Municipal Natural Gas Use Tax" and Approving a Tax Collection Agreement Between the Village of Morton Grove and Northern Illinois Gas Company d1bla Nicor Gas Company. As this is a first reading, no action will be taken this evening. 4. Trustee Ramos also welcomed Clerk Travis and said he knew she would do a great job. E. Trustee Thill: Trustee Thill was absent —no report. 10 Minutes of June 22 2016 Board Meeting XIII. TRUSTEES' REPORTS (continued) F. Trustee Witko: Trustee Witko had no formal report, but congratulated Clerk Travis and said she looked for- ward to working with her. XIV. OTHER BUSINESS NONE XV. WARRANTS Trustee Ramos presente $635,679.66 and moved motion. Motion passed: 5 ayes, Tr. Grear ave Tr. Ramos ave d the Warrant Register for June 22, 2015, in the amount of that it be approved as presented. Trustee Grear seconded the 0 nays, 1 absent. Tr. Minx aye Tr. Pietron aye Tr. Thill absent Tr. Witko aye XVI. RESIDENTS' COMMENTS Barbara Novick appeared before the Board representing the Morton Grove Public Library Foundation. The Foundation will be holding a raffle, with the first prize being a 60" Samsung Smart TV; the second prize being a Samsung tablet, and the third prize a Nook e- Reader. Tickets are $5 each or five for $20 and are available at the Library. The winners will be notified by July 6, 015. a. The Foundation welcomes donations, and, among other things, is offering "naming rights" for some of the rooms at the library for larger donations, or for $20, a donor can name a book in honor of a loved one. b. Ms. Novick encouraged everyone to come out and see the new library. It is ADA compliant and is beautiful. She said the Library is now working on making the auditorium ADA - compliant as well, and replacing the seating and the carpeting. They have a $50,000 grant from the State but it is dependent upon the Library raising matching funds. c. Mayor DiMaria agreed that the Library is vastly improved, and he, too, encouraged everyone to visit the Library. 2. Georgianne Brunner invited the Board and the assemblage, and residents at home or work, to attend the Morton Grove Days festivities, from July 2 through July 4, 2015. The carnival will be open from 4:00 p.m. to 11:00 p.m. all three days. Mega - passes are good for unlimited rides for all three days. They are available online, at Village Hall, or at Prairie View Center for $60 until July 1. After that, they will cost $70. 11 Minutes of June 22, 2015 Board Meeting XVI. RESIDENTS' COMMENTS (continued) The entertainment pavilion will be open from 5:00 p.m. to 11:00 p.m. and will feature an assortment of tribute bands this year. b. The parade will kick off at 2:30 p.m. on Saturday, July 4t", and the best fireworks show on the North Shore, this year featuring the Mad Bomber, will commence at 9:45 p.m. on July 4. c. Mrs. Brunner said that the Commission is still in need of fireworks donations. She said that anyone who donates $25 can receive an "I Helped Save the MG Fireworks' tee -shirt. Moreover, anyone wearing that tee -shirt on July 4" will have the grounds fee waived when they enter the beer garden. d/ Lastly, Mrs. Brunner said that Morton Grove Days is really in need of volunteers, especially for July 4t". Information on how to donate, get a tee -shirt, and /or volunteer is available on the Morton Grove Days Commission's website, www.mortongrovedays.org. XVII. ADJOURNMENT Trustee Minx moved to adjourn the meeting, seconded by Trustee Pietron. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear ave Tr. Minx ave Tr. Pietron aye Tr. Ramos aye Tr. Thill absent Tr. Witko ave The meeting adjourned at 7:48 p.m. 12 ,. z. r 'Minutes of June 22, 2015 Board Meeting PASSED this 13th day of July, 2015 Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 13th day of July, 2015 Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 14th day of July, 2015. Connie J. Travis, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by Teresa Caesar 13 Village of Morton Grove ..ice J Department of Community Developmer>lt To: Village President and Board of Trustees From: Ronald Farkas, Chairperson, Plan Commission Nancy Radzevich, AICP, Community and Economic Devi opment frectorl/ Dominick A. Argumedo, AICP, Zoning Administrator /Land -Use Planner Date: July 2, 2015 Re: Plan Commission Case PC15 -04: 13th Floor Entertainment Group, request for an amendment to a Special Use Permit for Entertainment Uses (Ordinances #11 -27, 13 -15, and 14 -21) to allow for an expansion in dates and hours of operation of the previously approved haunted house and additional entertainment uses, in accordance with Section 124-3:13 of the Unified Development Code (Ordinance #07 -07) at 8220 N. Austin Avenue Commission Report Public Hearing Notice The Village of Morton Grove provided Public Notice for the June 15, 2015 Plan Commission public hearing for PC 15 -04 in accordance with the Unified Development Code, The Pioneer Press published the public notice on May 28, 2015, and the Village mailed letters notifying surrounding property owners and placed a public notice sign on the subject property on June 5, 2015. Background The subject property (8220 N. Austin Avenue) is located on the west side of Austin Avenue just south of Washington Court and is zoned M -2, General Manufacturing District. The applicant, 13th Floor Entertainment Group, recently purchased the Fear City Haunted House, which was previously owned and operated by Big City Entertainment, In July of 2011, the Village granted a Special Use permit (Ordinance 11 -27) to Big City Entertainment to allow an Entertainment use for a haunted house to be located and operated at 8220 N. Austin. Among the conditions of original special use permit was that the operation of the haunted house would be limited to 30 days, all within the month of October. In the fall of 2013, Big City Entertainment applied for and the Village granted an amendment to the original Special Use permit (Ordinance 13 -15) to allow for additional entertainment uses outside of the month of October. The amendment allows airsoft/laser tag open gaming, movie nights, private events, theatric performances, dances, and uses deemed similar by the Building Commissioner and /or Director of Community and Economic Development to be held on Saturdays and Sundays from 9AM- 10PM. In addition, tactical training was permitted during the week, Mondays through Fridays, from 9AM -SPM. Board Report - July 5, 2015 PC #15 -04: 13"' Floor /Special Use Amendment In fall of 2014, Big City Entertainment also applied for and received a minor amendment to the original special use permit (Ordinance 14 -21) to allow private parking attendants in lieu of off - duty police officers to direct traffic to /from Austin Avenue to the subject property. The applicant now is applying to expand the days of operation for both the haunted house and the non - haunted house events. Overview of the ADDlication The applicant, 13' Floor Entertainment Group, owns and operates haunted houses in Denver, Phoenix, San Antonio, and Austin, along with one in the Chicago area located at 1940 George Street, Melrose Park. In addition, 13"' Floor uses their properties to hold interactive entertainment events such as role playing laser tag (through a zombie apocalypse scenario) and an activity called The Great Escape Room. The applicant describes The Great Escape Room as an interactive game, where up to 12 participants are locked in a room and are given clues and riddles to solve in order to escape before the one hour time limit runs out. The applicant proposes to amend the special use to allow for increased hours of operation as follows: To extend the days for the operation of the haunted house to include the last two weekends in September and the first weekend in November, on Fridays, Saturdays and Sundays for each of those weekends. In addition the applicant also requests to expand the permitted days in October from 30 to the full 31 days within that month. To all the previously approved additional entertainment uses to be held on Friday evenings, from 6PM -10PM, in addition to the previously permitted Saturdays and Sundays from 9AM- 1OPM. The applicant agrees to follow conditions for parking and security as prescribed for in the previously approved ordinances (Ord. # 11 -27, 13 -15, and 14 -21) for the special use. June 15 2015 Public Hearing Dominick Argumedo, Zoning Administrator /Land -Use Planner, provided the commission with an overview of the case and summarized the staff report. Chairperson Farkas asked if there were any questions for Staff. Commissioner Dorgan asked if there were any reports of police incidents. Mr. Argumedo responded that he had no record of that. The applicant, Michael Krausert, was sworn in. Mr. Michael Krausert, of 13 Floor Entertainment, gave a brief background overview of the company and its operations that include locations in Denver, Phoenix, San Antonio, Austin and Chicago. Mr. Krausert noted his 25 year background in the Halloween entertainment business and that he is well aware of how to manage crowd control, parking and security. This amendment is to expand hours of operation for the haunted house will put the Morton Grove facility on the same schedule as other 13th Floor locations. He is also requesting to expand the off season entertainment uses to include Friday evenings. 2 Board Report - July 5, 2015 PC #15 -04: 13" Floor /Special Use Amendment Chairperson Farkas asked if there were any questions for the applicant. There were none. Public Hearing — Public Comment Chairperson Farkas asked if anyone was present that wanted to be heard on this case. No one asked to speak. Commissioner Gabriel stated that with no one present from the surrounding area says it all. The operation of this business by the previous owner had generated positive feedback from neighbors and the owner always tried to be a good neighbor to the surrounding residents and businesses. Public Hearing —Board Discussion and Vote Chairperson Farkas asked if there were any other comments. Hearing none, Chairperson Farkas asked for a motion on this case. Commissioner Blonz moved to recommend approval of PC #15 -04, a request to amend the Special Use Permit for Entertainment uses at 8220 N. Austin (Ordinances 11 -27, 13 -15, and 14- 21) to allow for expanded days of operation for the haunted house to include the last two weekends in September, the first weekend in November, and one additional day in October, and to allow the additional entertainment uses to be held on Friday evenings, after 6pm, subject to the following conditions: 1. The hours of operation of the haunted house shall be limited to the last two weekends of September, first weekend of November (Friday inclusive), and 31 days in October, from 7PM -11PM Sunday through Thursday nights with the exception that on October 30 and 31 hours of operation shall be limited to 7PM -12PM. The haunted house hours of operation shall be limited to 7PM -12AM on Friday and Saturday nights in general. 2. That airsoft/laser tag open gaming, movie nights, private events, theatric performances, dances, and uses deemed similar by the Building Commissioner and /or Director of Community and Economic Development may be held on Fridays from 6PM -10PM and on Saturdays and Sundays from 9AM- 10PM. 3. All conditions of Ordinances #11 -27, #13 -15, and #14 -21 shall remain in effect unless specifically modified by this amendment. The motion was seconded by Commissioner Gillespie. The application was unanimously recommended for approval (7 -0). ORDINANCE 11 -27 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW AN ENTERTAINMENT USE AT THE PROPERTY LOCATED AT 8220 N, AUSTIN, MORTON GROVE, ILLINOIS WHEREAS. the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the applicant, Big City entertainment, LLC, 4318 W. Carroll Avenue, Chicago, Illinois 60624, has made a proper application to the Plan Commission in the Village of Morton Grove under case number PC 11 -07 requesting the approval of a special use permit to operate an entertainment use at the property commonly known as 8220 N. Austin Avenue, Morton Grove, Illinois 60053; and WHEREAS, the property is located in the M -2 General Manufacturing District; and WHEREAS, Section 1244E of the Village of Morton Grove Unified Development Code is being amended to allow entertainment uses to be located in the M -2 General Manufacturing District pursuant to a special use permit; and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Morton Grove Champion, a newspaper of general circulation in the Village of Morton Grove which publication took place on June 2, 2011, and pursuant to the posting of a sign on the property and written notification sent to property owners within 250 feet of the subject property as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on June 20, 2011, at which time all concerned parties were given the opportunity to be present and express their views for the consideration of the Plan Commission, and as result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated June 21, 2011 , a copy of which is attached hereto and made a part hereof and marked as Exhibit "A "; and WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, that the proposed Special Use Amendment is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected and will not cause substantial injury to the value of the other properties in the neighborhood in which it is located: and WHEREAS, pursuant to the provisions of the Village ofMorlon Grove Municipal Code, the Corporate Authorities have determined the Special Use Amendment as approved by the Plan Commission shall be issued subject to the conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 8220 N. Austin Avenue, Morton Grove, Illinois 60053, is hereby granted a special use permit to allow an entertainment use to be located and operated at that address subject to the following conditions and restrictions which shall be binding on the owners /lessees, occupants and users of this property, their successors and assigns for the duration of the special use: 1. The proposed Fear City facility shall be constructed and operated in accordance with the following: • Floor Plan ( "Event GroundPlan ") dated 6/6/11 by D. Efird; • Elevation Plans pp. 3 and 4 of 5, dated 6/6/11, by D. Efird; • Lighting Plan (no date) submitted (information written on plat of survey copy); and • Traffic Plan sheets A, B and C dated 06/02/11 by Ament, Inc. 2. The parking area on the subject site shall be repaved and restriped prior to issuance of a certificate of occupancy. 3. Days of operation shall be limited to 30 days, all during the month of October. 4. Hours of operation shall be limited to 7 pm to 11 pm Sunday through Thursday nights, with the exception that on October 30 and 31 hours of operation shall be limited to 7 pm to 12 am, and 7 pm to 12 am Friday and Saturday nights. 5. Prior to release of a certificate of occupancy, the applicant shall provide specific documentation verifying Strange Engineering's authorization of use of their driveway by Fear City customers. 6. Any proposed outdoor refuse and /or recycling areas shall be provided in a solidly screened enclosure area to be approved by the Building Commissioner. SECTION 4: The owners. lessees, occupants, and users of 8220 N. Austin, their successors and assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of this special use permit have been met. SECTION 5: The special use permit is granted so long as the owner, occupant and users of this property utilize the area for the purposes as herein designated. SECTION 6: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted and amended hereunder. SECTION 7: The Applicant/Owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 8: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 11 °i day of July 2011, Trustee DiMaria�/ Trustee Gomberg -' T— Trustee Great Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 1 l Ih day of July 2011. APPROVED and FILED in 121h day of July 2_Qj.]. Tony S. Village Cook C lage uampt d. naackmann, Village President Village of Morton Grove Cook County, Illinois Le_imord\2011 \pc 11-07 Fear City ORDINANCE 13 -15 AN ORDINANCE GRANTING AN AMENDMENT TO A SPECIAL USE (ORDINANCE 11 -27) TO ALLOW ADDITIONAL ENTERTAINMENT USES AT 8240 AUSTIN AVENUE, MORTON GROVE, ILLINOIS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the applicant, Big City Entertainment, LLC., 8240 N. Austin Avenue, Morton Grove, IL 60053 has made a proper application to the Plan Commission in the Village of Morton Grove under case number PC13 -09 requesting the approval of an amendment to a special use (Ord. 1I- 27), which granted a special use permit to allow an entertainment use at the property for a haunted house, at 8240 Austin Avenue, Morton Grove, Illinois; and WHEREAS, the application for an amendment to the special use includes a request to allow additional entertainment uses and modifications to the hours /dates of operation for such additional entertainment uses; and WHEREAS, the property is located in the M -2 General Manufacturing District; and WHEREAS, Section 12 -4 -4E of the Village of Morton Grove Unified Development Code allows for special use permits for Entertainment Uses in the M2 District; and WHEREAS, the safety and operation of the additional entertainment uses will be sufficiently monitored and regulated by Morton Grove, State and Federal laws; and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Niles- Morton Grove Patch, a newspaper of general circulation in the Village of Morton Grove which publication took place on August 29, 2013, and pursuant to the posting of a sign on the property and written notification sent to property owners within 250 feet of the subject property as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on September 16, 2013, at which time all concerned parties were given the opportunity to be present and express their views for the consideration of the Plan Commission, and as result of said hearing, the Plan Commission made certain recommendations and conditions through a report September 25 30, 2013, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A "; and WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, the proposed amendment to the Special Use is so designed, located, and proposed to be operated, the public health, safety and welfare will be protected and will not cause substantial injury to the value of the other properties in the neighborhood in which it is located; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the Corporate Authorities have determined the amendment to the Special Use, as approved by the Plan Commission, shall be issued subject to the conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 8240 N. Austin Avenue, Morton Grove, Illinois 60053, is hereby granted an amendment to its special use permit (Ordinance 11 -27) for Entertainment Uses to allow for uses such as charitable poker events, airsoft/laser tag open gaming, tactical training, movie nights, private events, theatrical performances, dances and events deemed similar by the Building Commissioner and /or Director of Community and Economic Development subject to the following conditions and restrictions which shall be binding on the owners /lessees, occupants and users of this property, their successors and assigns for the duration of the special use: 1. The state licensed charitable poker game events shall be limited to no more than 8 events throughout the year, outside of the Month of October, and shall occur only on Saturdays and or Sundays; 2. Airsoft/laser tag open gaming, movie nights, private events, theatric performances, dances and similar uses shall be restricted to Saturdays and or Sundays outside of the month of October; 3. That tactical training events for law enforcement or other entities shall be allowed at any time; 4. That hours of use for the specific uses be as follows: a. Charitable poker events shall be permitted on Saturdays and or Sundays from Noon - midnight; b. Airsoft/laser tag open gaming, movie nights, private events, theatric performan ces, dances and uses deemed similar by the Building Commissioner and/or Director of Community and Economic Development shall be permitted Saturdays and Sundays from 9AM -IOPM; and c. Tactical Training: 9AM -5PM throughout the week SECTION 3: The owners, lessees, occupants, and users of 8240 N. Austin Avenue, their successors and assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of this special use permit have been met. SECTION 4: The amendment to the special use permit (Ord. 11 -27) is granted so long as the owner, occupant and users of this property utilize the area for the purposes as herein designated. SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted and amended hereunder. SECTION 6: The applicant/owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 28th day of October 2013. Trustee DiMari a 9XC Trustee Marcus AYE- Trustee Pietron AyE Trustee Thill dY6E Trustee Toth AYiC Trustee Witko RYA APPROVED by me this 28th day of October 2013. I Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED d FILED in my office This 28th day f October 2013. Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois ORDINANCE 14 -21 AN ORDINANCE GRANTING AN AMENDMENT TO THE SPECIAL USE PERMIT FOR AN ENTERTAINMENT USE TO OPERATE A HAUNTED HOUSE AND ACCESSORY ENTERTAINMENT USES (ORD. 11 -27 and Ord. 13 -15) FOR THE PROPERTY LOCATED AT 8220 N. AUSTIN, MORTON GROVE, ILLINOIS WHEREAS, the Village of Morton Grove, located in Cook County, Illinois, is a Home Rule unit of government and under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, and as such can exercise any power and perform any function pertaining to its government affairs, including but not limited to, the power to tax and incur debt; and WHEREAS, in 2011, pursuant to Ordinance 11 -27, a special use permit allowing for an Entertainment Use to operate a haunted house at 8220 N. Austin was approved by the Village Board; and WHERAS, in 2013, pursuant to Ordinance 13 -15, the Board approved an amendment to the special use permit (Ord. 11 -27) to allow additional accessory entertainment uses and events to be held at the 8220 N. Austin Avenue; and WHEREAS, the applicant, Big City Entertainment, ).LC, pursuant to Plan Commission Case PC 14 -16 has made proper application to the Village of Morton Grove for a minor amendment to the special use permit previously granted to allow for a modification to the approved Traffic/Parking Control Personnel Exhibit. dated June 2, 2011, to allow private parking attendants in lieu of off -duty police officers to direct traffic to /from Austin Avenue and the subject property; and WHEREAS, pursuant to Ordinance 07 -07 the Village adopted a Unified Development Code which set forth an abbreviated procedure for minor revisions to special use permits which allows for the granting of such amendments without a formal public hearing process subject to the recommendation for approval by the Village Administrator, Corporation Counsel, Building Commissioner and Plan Commission Chairperson and subsequent approval by the Village Board; and WHEREAS, the Village Administrator, Corporation Counsel, Building Commissioner and Plan Commission Chairperson, in consultation with the Police and Public Works Departments, have found this amendment with certain conditions as set forth in this ordinance, meets the standard for the abbreviated process described above, and as such recommend approval of the minor amendment Ords. 11 -27 and 13 -15; and WHEREAS, the property is zoned in the M2 General Manufacturing District pursuant to the provisions of the Village of Morton Grove Unified Development Code; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Unified Development Code, the Corporate Authorities have determined the proposed amendment to the special use shall be approved subject to conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth. SECTION 2: Big City Entertainment, LLC, is hereby granted an amendment to the special use permit previously granted pursuant to Ordinance 11 -27 to allow private parking attendants in lieu of off -duty police officers to direct traffic to /from Austin Avenue to the subject property: 1. All conditions of Ordinance 11 -27 and Ordinance 13 -15 shall remain in effect unless specifically modified by this amendment. 2. Should the Morton Grove Police Department, Director of Community and Economic Development and /or Village engineer be advised of any significant vehicular /pedestrian traffic or parking issues related to the operation of entertainment uses at 8820 N. Austin Avenue, the owner shall be required to develop and submit a plan to the Village Administrator within 30 days of such notice, which outlines specific ways to address such issues. Such plan shall be reviewed by the Director of Community and Economic Development, Village Engineer and Police Chief; who will be charged with making suggested changes and /or approving such a plan. Any remedies which alter the nature of this approved use may require an amendment of the special use permit and further review by the Traffic Safety Commission. SECTION 3: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use permit as amended hereunder. SECTION 4: The Applicant/Owner shall comply with all applicable requirements of the Village of Morton Grove Ordinances and Codes. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet fom7 according to law. PASSED this 22nd day of September 2014. Trustee Grear Trustee Marcus Trustee Pietron Trustee Thill 1� Trustee Toth Trustee Witko APPROVED by me this 22nd day of September 2014. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 22 "d day of September 2014. Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois WICk Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois Big City Entertainment LLC Dear Morton Grove Village Board of Trustee's I am formually requesting a waiver of the second reading of the purposed ordnance change effecting Fear City Haunted House at 8240 Austin Ave. We were unaware that this request would require a change of ordnance and due to the timing of a second read and the nature of our business it is crucial that this second reading be waived. Thank You for your consideration on this matter. Charles P. Grendys III Fear City Haunted House Big City Entertainment LLC Legislative Summary Ordinance 15 -14 AMENDING TITLE 1, OF THE MUNICIPAL CODE ENTITLED "ADMINISTRATIVE", CHAPTER 5 ENTITLED "VILLAGE BOARD OF TRUSTEES ", SECTION 5 ENTITLED "RULES OF PROCEDURE" BY ADDING TWO NEW PARAGRAPHS "K AND "L" ENTITLED "ELECTRONIC ATTENDANCE" AND "SAMPLE ELECTRONIC ATTENDANCE REQUEST" Introduced July 13, 2015 Synopsis This Ordinance will amend the existing 1 -5 -5 by adding two new paragraphs for the electronic attendance of Trustees at specified meetings. Purpose To provide rules and regulations e to allow Trustees to attend meeting electronically under conditions allowed by the Open Meetings Act. Background: Village staff periodically reviews Village codes and ordinances to ensure they are in compliance with state statute and current practices. Section 7 of the Open Meetings Act permits a Trustee or member of a Village Board or Committee to attend and participate in meetings electronically, provided a majority of a quorum of the public body is physically present at the meeting, electronic attendance at the meeting is approved by a majority of the public body, and the person wishing to attend the meeting electronically is prevented from attending the meeting because of illness, employment purposes, Village business, family, or other emergencies. Further, the Open Meetings Act provides that the Board must adopt rules for attendance at meetings electronically. This ordinance will amend the Village Code to establish rules for attending Village meetings electronically. Programs, Departments All Departments or Groups Affected Fiscal Impact: Not applicable. Source of Funds: Not applicable. Workload Impact: The implementation of this ordinance will be performed by Corporation Counsel, the Village Administrator's office, Village Clerk, and staff as part of their normal duties. Administrator Approval as presented. Recommendation: Second Reading: Required — Code Amendment Special Considerations or None Requirements: Admini Approval hq as J. Fri 7by:: _ Village Administrator Pro Tem Prepare Teresa Ho an Liston, Corporation Counsel ORDINANCE 15 -14 AMENDING TITLE 19 OF THE MUNICIPAL CODE ENTITLED "ADMINISTRATIVE", CHAPTER 5 ENTITLED "VILLAGE BOARD OF TRUSTEES", SECTION 5 ENTITLED "RULES OF PROCEDURE" BY ADDING TWO NEW PARAGRAPHS "K" AND "L" ENTITLED "ELECTRONIC ATTENDANCE" AND "SAMPLE ELECTRONIC ATTENDANCE REQUEST" WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village has a policy of regularly reviewing and revising its Municipal Code, as necessary, to insure the provisions of the Code remain compliant with contemporary statutes and relevant to the current operations and requirements within the Village; and WHEREAS, Section 7 of the Open Meetings Act permits a Trustee or member of a Village Board or Committee to attend and participate in meetings electronically, provided a majority of a quorum of the public body is physically present at the meeting, electronic attendance at the meeting is approved by a majority of the public body, and the person wishing to attend the meeting electronically is prevented from attending the meeting because of illness, employment purposes, Village business, family or other emergencies; and WHEREAS, the Open Meetings Act provides the Board must adopt rules for attendance at meetings electronically; and WHEREAS, at the request of the Village Board, staff has reviewed and has proposed that Title 1, Chapter 5, Section 5 entitled "Rules of Procedure" be amended to add a section to establish rules for the electronic attendance at Village meetings in accordance with the Open Meetings Act. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 1, Chapter 5, Section 5 entitled "Rules of Procedure" is hereby amended by adding new paragraphs K and L entitled "Electronic Attendance" and "Sample Electronic Attendance Request" to read as follows: 1 -5 -5: RULES OF PROCEDURE: The following rules of procedure shall govern the conduct of all meetings of the Board of Trustees: A. Presiding Officer, Voting By: The Village President shall preside at all meetings of the Village Board. He shall not vote on any ordinance, resolution, or motion except: 1. Where the vote of the trustees has resulted in a tie; 2. Where one -half (1/2) of the Trustees elected and then holding office have voted in favor of the ordinance, resolution or motion even though there is no tie vote. 3. Where a vote greater than a majority of the corporate authorities is required by state statute or local ordinance to adopt an ordinance, resolution or motion. (Ord. 98 -11, 9 -14 -1998) B. The Village President shall decide all questions of order. C. A Trustee discussing a question or issue shall address the Village President and no Trustee has the floor until recognized by the Village President. D. The passage of all ordinances and any resolution or motion to create any liability against the Village or for the expenditure or appropriation of funds shall require the concurrence of a majority of all members then holding office on the Village Board including the Village President unless otherwise expressly provided by state statute or municipal ordinance. A roll call vote of ayes and nays shall be taken and recorded in the journal of proceedings for all ordinances or for resolutions or motions coming before the Board which creates any liability against or obligation on the part of the Village or for the expenditure or appropriation of its money and in every instance where a request therefore is made by any Trustee. Motions and other matters coming before the board may be handled by voice vote, unless there is a specific request for a roll call vote. The Village President shall determine the outcome of all voice votes. (Ord. 98 -11, 9 -14 -1998) E. All ordinances and resolutions submitted to the Board of Trustees, and on request of any member of the Board any motion shall be reduced in writing before being voted upon. F. Robert's Rules of Order: "Robert's Rules Of Order" as determined by the Village President shall govern the deliberations of the Board of Trustees except when in conflict with any of the foregoing rules. G. Suspension of Rules: The Rules of Order, other than those prescribed by statute, may be suspended at any time by the consent of a majority of the members present at any meeting. (1969 Code § 30.220; amd. Ord. 04 -04, 2 -23 -2004) H. Compliance with Illinois Open Meetings Act: The Illinois Open Meetings Act 5 ILCS 120 et. seq as amended from time -to -time is hereby incorporated by reference in this Code and shall govern the giving of notices and the keeping of minutes for all regular and special meetings of the Village Board and its committees. 1. Videotaping: All regular Village Board meetings shall be videotaped in a form suitable for broadcast over the Village's local cable access channel. Nothing in this section precludes the videotaping of additional meetings of the Village Board of Trustees. Rules Regarding Nonofficial Recordings of Public Meetings By Tape, Film or Other Means: 1. Definitions: a. Audience are those persons who attend a public meeting but not a member of the public body holding the meeting, nor an employee of the Village attending the meeting in an official capacity. b. Chairperson is the person who officiates over the meeting. The Village President is the chairperson of the meetings of the Village Board of Trustees. C. Public meeting is a meeting of a public body of the Village of Morton Grove as defined by the Illinois Open Meetings Act, 5 Illinois Compiled Statutes 120 et seq. as amended from time -to -time. d. Public body consists of the elected and appointed board, committee or commission members holding a public meeting and Village employees assisting said members. e. Recording is a nonofficial duplication of sound or image by any mechanical means including photography, audiotaping or videography. f. Special accommodations include special or additional seating, lighting, designated space for microphones or recording equipment, access to electrical power, and accommodations necessary or desirable for the recording of a public meeting. g. Witness is a person who gives sworn statements before the public body. 2. Policy: It is the Village's policy to cooperate with representatives of the print and broadcast media and with other members of the public who wish to record public meetings of the Board by tape, film, or other means, so long as said recordings are not disruptive to the meeting, and do not violate the rights of the members of the public body, witnesses and the public. 3. Rules of Procedure: a. Any person may record the proceedings of a public meeting by tape, film or other means subject to the following rules. 4. Meetings which are closed to the public may not be recorded except as required and authorized by the Open Meetings Act. (Ord. 04 -04, 2 -23 -2004) 5. Any person seeking to record a public meeting must notify the presiding officer or chairperson of that meeting of his/her intent to record the meeting. Whenever practical, any request for special accommodations should be made at least two (2) business days before the meeting. (Ord. 09 -07, 6 -8 -2009) 6. The chairperson may in his/her sole discretion grant any special accommodation requests. 7. The chairperson may designate a location for recording equipment, restrict the movements of individuals who are using the recording equipment or take other steps deemed necessary to preserve the decorum of the meeting and facilitate the conduct of business. 8. At the start of any meeting which is to be recorded, the chairperson shall notify the audience and any witness of the recording and advise all witnesses of their right to refuse to testify during any recording. 9. If a witness refuses to testify on the grounds he may not be compelled to testify if any portion of his/her testimony is to be broadcast or televised or if motion pictures are to be taken of him while he is testifying, the chairperson shall prohibit such recording during the testimony of the witness. 10. The chairperson may prohibit the recording of any audience member who objects to the recording. 11. The chairperson may impose additional rules or limitations on any recording, as he or she deems necessary or appropriate to preserve the orderly operation and decorum of the meeting. 12. The chairperson shall order the immediate termination of any recording which is disruptive to the meeting, or which distracts, disturbs or is offensive to members of the public body, witnesses, or the audience. 13. No recording shall be used for a commercial for profit enterprise, without the written approval of the chairperson and the Village Administrator. 14. Nothing in these rules shall be deemed to grant permission to publish or broadcast the recording of any individual. 15. These rules may be modified on a temporary basis for good cause shown by a majority vote of the voting member public body. (Ord. 04 -04, 2 -23 -2004) K. Electronic Attendance: A Trustee may attend a meeting electronically under the following circumstance: 1. A quorum of Trustees must be physically present at the location of an open or closed meeting of the Board of Trustees. 2. Minutes of all meetings shall reflect if a Trustee was physically present or present by means of a video or audio conference. Lack of such a specification shall be deemed to indicate the Trustee in question was physically present. 3. As provided herein, Trustees who are not physically present may participate in open or closed meetings by means of a video or audio conference. Such electronic participation may only occur if the Trustee is prevented from physically attending by: a) personal illness or disability; b) employment purposes; c) business of the public body; d) a family emergency; or e) another emergency. If a Trustee wishes to attend a meeting electronically, the Trustee must notify the Village Clerk or a Deputy Village Clerk at least forty -eight (48) hours before the meeting, unless advance notice is impractical. Notification may be in person or in writing, or by phone, e-mail, or facsimile transmission. The notification shall include a detailed recitation of the particular circumstances by which the Trustee cannot attend, and also cite one of the five (5) above specified categories. The notification also shall substantially follow the format laid out in Section "L" below. Copies of the request shall be provided to all Trustees promptly, but in no event later than the meeting in question. 4. Upon receipt of Notice of Intent to participate electronically, the Village Clerk, Deputy Village Clerk or his/her designee shall make appropriate arrangements for the Trustee to participate electronically, such as by arranging a speakerphone for the meeting room and obtaining contact information. The equipment shall provide output sufficient for persons attending the meeting, and members of the audience to hear the Trustee speak, and also shall allow the Trustee to hear other Trustees and any person who addresses the Board of Trustees. 5. The Board of Trustees allows electronic attendance for qualifying reasons listed in the Illinois Open Meetings Act as a matter of policy. The audio or video equipment shall be activated at the beginning of the meeting or at the time requested by the Trustee so the Trustee can participate. 6. If the Trustee who is attending electronically would normally chair the meeting, a chairperson pro temp who is physically present may be appointed. 7. When a Trustee attends a meeting electronically, all votes shall be by roll call vote. An electronically attending Trustee must identify himself or herself by name and be recognized by the President before speaking. 8. An approved request to participate electronically shall entitle the Trustee involved to attend at the subject meeting and any closed sessions called during that meeting. This section shall apply in like manner to any committee, subcommittee or other agency of the Village that is a "public body" under the Illinois Open Meetings Act. L. Sample Electronic Attendance Request: The format for submitting a request for electronic attendance shall be as follows: ELECTRONIC ATTENDANCE REQUEST I hereby request to electronically attend the meeting of the Board of Trustees at _p.m. on , 20� I am eligible to participate electronically because of [check one]: Personal illness or disability (Description of illness or disability): Employment purposes (Name of employer): Business of the public body (Specify nature of business): Family emergency (Nature of emergency): _(5) Another emergency (Nature of the emergency): During the meeting I will be at the following location: reachable at the following phone number: Dated: Signature of Trustee Dated: Signature of Village Clerk/Deputy Village Clerk M SECTION 3: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable by any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect. SECTION 4: In the event this ordinance or any Code amendment herein is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this l0a' day of August 2015. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 10th day of August 2015. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 1 l'' day of August 2015. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois ELECTRONIC ATTENDANCE REQUEST I hereby request to electronically attend the meeting of the Board of Trustees at _p.m. on , 20 . I am eligible to participate electronically because of [check one]: Personal illness or disability (Description of illness or disability): Employment purposes (Name of employer): Business of the public body (Specify nature of business): Family emergency (Nature of emergency): _(5) Another emergency (Nature of the emergency): During the meeting I will be at the following location: reachable at the following phone number: Dated: Signature of Trustee Dated: Signature of Village Clerk/Deputy Village Clerk M4 Richard T. Flickinger Municipal Center 6101 Capulina Avenue o Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 Recycled Paper Legislative Summary Resolution 15 -54 AUTHORIZATION FOR THE DISPOSITION OF UNCLAIMED BICYCLES RECOVERED BY THE MORTON GROVE POLICE DEPARTMENT Introduced: July 13, 2015 Synopsis: To authorize the Village President to approve the donation of sixteen (16) found or abandoned bicycles in the Village of Morton Grove. Since ownership of the bicycles was not ascertained, ownership will be transferred to the Village so the bicycles can be donated to the "Bikes N Roses ", a not- for- profit group, located in Chicago, Illinois. Purpose: Due to lack of bicycle storage space, bicycles need to be disposed of on a regular basis. Background: The Morton Grove Police Department on a regular basis receives calls for found bicycles in the Village. The bicycles are collected and inventoried and stored in the Police Department's garage. They are kept at least six months to allow the department to ascertain ownership. If no owner information is found, the department will dispose of the bicycles in accordance with department policies and state guidelines. In the past, auctioning off the bicycles was not cost effective due to the minor value of the bicycles. Programs, Departments Police Department. or Groups Affected Fiscal Impact: None. Source of Funds: Not Applicable. Workload Impact: The logistics of the donation will be coordinated by the Police Department. Administrator Approval as presented. Recommendation: First Reading: Not Required Special Considerations or None Requirements: Respectfully submitted: r n , , Thomas J. Friel, Vil e Administrator Pro Tem Prepared by`I 'IL Reviewed by: Michael Simo, Chief of olice Teresa H an Liston, Corporation Counsel RESOLUTION 15 -54 AUTHORIZING THE DISPOSITION OF UNCLAIMED PROPERTY RECOVERED BY THE MORTON GROVE POLICE DEPARTMENT WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Morton Grove Police Department made reasonable inquires and efforts to identify, notify, and/or locate the owners of the accumulated property and such information has not been ascertained within at least six months; and WHEREAS, Ordinance 1 -9B -1 allows the Village to sell, or dispose of outdated, broken, or obsolete personal property which does not have substantial resale or trade -in value and needs to be properly recycled or disposed of pursuant to a resolution approved by simple majority of the Village Board of Trustees; and WHEREAS, pursuant to Section 765 ILCS 1030 /3, the Chief of Police has determined the property listed in Exhibit "A" has been abandoned, lost, stolen, or otherwise illegally possessed, and subsequently has a value worth less than $100 each, and the interests of the public would best be served by transferring custody of the property directly to the Village; and WHEREAS, in reviewing comparable results from auctions in the past, the relative minor value of said property and the cost of conducting an auction of said property, it is found to be in the best interest of the Village to dispose of said property through a donation; and WHEREAS, the Bikes N Roses, a not - for -profit organization located in, Chicago, Illinois, has expressed an interest in accepting this donation of personal property for use in their fundraising activities. NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Pursuant to Ordinance 1 -9B -1 and Section 765 ILCS 1030/3 of the Illinois Compiled Statutes, the Mayor and Board of Trustees of the Village find the following property: 16- Bicycles now in the custody of the VILLAGE are no longer necessary or useful to said Village and the best interest of the Village of Morton Grove will be served by a donation to The Bikes N Roses, Chicago, Illinois, and therefore the Police Chief is hereby authorized to take custody of the bicycles on behalf of the Village and thereafter donate the bicycles to The Bikes N Roses, Chicago, Illinois. SECTION 3: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED this 13`h day of July 2015 Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 13`h day of July 2015 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14`h day of July 2015 Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT A ACCUMULATED PERSONAL PROPERTY 16 - Bicycles Legislative Summary Ordinance 15 -15 AMENDMENT TO A SPECIAL USE (ORDINANCES I1- 27,13 -15 AND 14 -21) TO ALLOW FOR EXPANDED DAYS AND HOURS FOR THE OPERATION OF THE PREVIOUSLY APPROVED HAUNTED HOUSE AND ADDITIONAL ENTERTAINMENT USES AT 8220 N. AUSTIN Introduction: Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: Submitted by: July 13, 2015 Amendment to a special use for Entertainment Uses (haunted house and additional entertainment uses) at 8220 N. Austin to allow for some expanded days and hours of operation. To modify the special use permit to allow the haunted house to operate the last two weekends in September and the first in November, on Fridays, Saturdays and Sundays, increase the number of days of operation from 30 to 31 days in the month of October, and to allow additional approved entertainment uses to be held on Friday evenings from 6PM -1 OPm in addition to Saturdays and Sundays from 9AM -IOPM. In 2011, the Board approved a special use permit for Entertainment Uses to allow for a haunted house to operate at 8220 N. Austin Avenue (Ordinance I1 -27). In the fall of 2013, Big City Entertainment, the previous owner and operator of the haunted house, applied for and the Village granted an amendment to the special use permit to allow for additional entertainment uses outside of the month of October. The amendment allowed for such uses as airsoft/laser tag open gaming, movie nights, private events, theatric performances, dances, and uses deemed similar by the Building Commissioner and /or Director of Community and Economic Development to be held on Saturdays and Sundays from 9AM- IOPM. In addition, tactical training was permitted during the week, Mondays through Fridays, from 9AM -5PM. (Ordinance 13 -15). In fall 2014, Big City Entertainment applied for and was granted a minor amendment to the special use permit to allow private parking attendants in lieu of off -duty police officers to direct traffic to /from Austin Avenue to the subject property (Ordinance 14- 21).Recently, 13" Floor Entertainment purchased the facility and operations from Big City Entertainment. 13th Floor Entertainment Group owns and operates haunted houses in Denver, Phoenix, San Antonio, and Austin, along with one in the Chicago area located at 1940 George Street, Melrose Park. In addition, 13" Floor uses their properties to hold interactive entertainment events such as laser tag at their properties. The new owner is seeking to expand the days of operation for both the haunted house and the non - haunted house events as follows: • To extend the days for the operation of the haunted house to include the last two weekends in September and the first weekend in November, on Fridays, Saturdays and Sundays for each of those weekends. In addition the applicant also requests to be expanded to the permitted days in October from 30 to the full 31 days within that month. • To allow the previously approved additional entertainment uses to be held on Friday evenings, from 6PM -IOPM, in addition to the previously permitted Saturdays and Sundays from 9AM- I OPM. All other conditions in the previous ordinances will remain effect, unless specifically modified by this amendment. Based on the application, supporting documents and testimony presented at the June 15, 2015 Public Hearing, the Plan Commission voted unanimously (7 -0) to recommend approval of this application with conditions. Community and Economic Department N/A N/A These amendments will be implemented by the Community and Economic Development in the normal course of business. Approval as presented August 10, 2015 None Tom Friel, _ Reviewed by Pro -Tem Teresa Hoffman List orporation Counsel Prepared by: ' N y a z v' , Community and Economic Development Director ORDINANCE 15 -15 AN ORDINANCE GRANTING AN AMENDMENT TO A SPECIAL USE (ORDINANCE 11-27,13-15 AND 14 -21) TO ALLOW FOR EXPANDED DAYS AND HOURS FOR THE OPERATION OF PREVIOUSLY APPROVED HAUNTED HOUSE AND ADDITIONAL ENTERTAINMENT USES AT 8220 N. AUSTIN WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, Section 12 -4 -4E of the Village of Morton Grove Unified Development Code allows for special use permits for Entertainment Uses in the M -2 District; and WHEREAS, on July 11, 2011, pursuant to Ordinance 11 -27, the Village approved an application by Big City Entertainment for a special use for Entertainment Uses to allow for a haunted house to operate at 8220 N. Austin Avenue with a condition that the haunted house could be operated for a total of 30 days in October, and the hours of operation were established as follows: 7PM -1 IPM, Sunday through Thursday nights, and 7PM -12AM on Friday and Saturday nights, with the exception that on October 30 and October 31 the hours would be permitted to be 7PM -12AM, regardless of the day of week; and WHEREAS, on October 7, 2013, pursuant to Ordinance 13 -15, the Village granted an amendment to the special use permit to allow for additional entertainment uses outside of the month of October. The amendment allowed for such uses as airsoft/laser tag open gaming, movie nights, private events, theatric performances, dances, and uses deemed similar by the Building Commissioner and /or Director of Community and Economic Development to be held on Saturdays and Sundays from 9AM- IOPM. In addition, tactical training was permitted during the week, Mondays through Fridays, from 9AM -5PM.; and WHEREAS, on September 22, 2014, pursuant to Ordinance 14 -21, the Village granted a minor amendment to the special use permit to allow private parking attendants in lieu of off -duty police officers to direct traffic to /from Austin Avenue to the subject property; and WHEREAS, Thirteenth Floor Group, 1550 Latimer Street, Suite 277, Denver, CO 80202, recently purchased the Fear City Haunted House at 8220 Austin Avenue, Morton Grove from Big City Entertainment; and WHEREAS, the new owner, Thirteenth Floor Group, owns and operates similar haunted house /entertainment facilities in Denver, CO; San Antonio and Austin, TX; Phoenix, AZ; and Melrose Park, IL; and WHEREAS, Thirteenth Floor Group, has made a proper application to the Plan Commission in the Village of Morton Grove under case number PC15 -04 requesting the approval of an amendment to a special use permit for entertainment uses (Ord. # 11 -27, 13 -15 and 14 -21) to allow for expanded days and hours of operation for both the haunted house and additional entertainment uses; and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Pioneer Press, a newspaper of general circulation in the Village of Morton Grove which publication took place on May 28, 2015, and pursuant to the posting of a sign on the property and written notification sent to property owners within 250 feet of the subject property as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on June 15, 2015, at which time all concerned parties were given the opportunity to be present and express their views for the consideration of the Plan Commission, and as result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated July 6, 2015, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A "; and WHEREAS, Thirteenth Floor Group is seeking to expand the days for the operation of the Fear City haunted house to be consistent with their other haunted house facilities, as follows: to include the last two weekends of September and the first weekend of November, inclusive of Fridays, and all 31 days in October, and with the hours of operation to remain as previously approved; and WHEREAS, the owner is also seeking to expand the potential days and hours for operation of additional entertainment uses, as defined in Ordinance 13 -15, to also include Friday evenings, from 6PM - 1 OPM; and WHERAS, the existing haunted house and additional entertainment uses have contributed to the Village by providing entertainment activities for residents and for visitors and customers from the surrounding area without adversely impacting the adjacent businesses and residential neighborhoods; and WHEREAS, the current owner is prepared to operate this facility under the same conditions, expect as otherwise modified through this amendment, and to the same standard as the previous owner; and WHEREAS, the property is located in the M -2 General Manufacturing District; and WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, the proposed amendment to the Special Use is so designed, located, and proposed to be operated, the public health, safety and welfare will be protected and will not cause substantial injury to the value of the other properties in the neighborhood in which it is located; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the Corporate Authorities have determined the amendment to the Special Use, as approved by the Plan Commission, shall be issued subject to the conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 8220 N. Austin Avenue, Morton Grove, Illinois 60053, is hereby granted an amendment to its special use permit for Entertainment Uses (Ord. 11 -27 , 13 -15 and 14 -21) to allow for expanded days of operation for the haunted house to include the last two weekends in September, the first weekend in November, and one additional day in October, and to allow the previously approved additional entertainment uses to be held on Friday evenings, after 6PM until IOPM, subject to the following conditions and restrictions which shall be binding on the owners /lessees, occupants and users of this property, their successors and assigns for the duration of the special use: 1. The days for the operation of the haunted house shall be limited to the last two weekends of September and the first weekend of November, inclusive of Fridays, and 31 days in October. On such days, the hours of operation of the haunted house shall be allowed from 7PM -IIPM on Sunday through Thursday nights and from 7PM -12AM on Friday and Saturday nights, with the exception that on October 30`h and 3151, the hours of operation shall be from 7PM -12AM, regardless of the day of the week. 2. The additional entertainment uses, including airsoft/laser tag open gaming, movie nights, private events, theatric performances, dances, and uses deemed similar by the Building Commissioner and/or Director of Community and Economic Development, may be held on Fridays from 6PM- IOPM and on Saturdays and Sundays from 9AM- IOPM. 3. All conditions of Ordinances 11 -27, 13 -15, and 14 -21 shall remain in effect unless specifically modified by this amendment. 4. This amendment to the approved special use permit and prior amendments is granted to Thirteenth Floor Group based on the operation of this facility in a manner consistent with the testimony and documents presented in their application and at the public hearing and with the conditions contained within this amendment and all prior ordinances associated with this special use permit (Ord. 11 -27, 13 -15, and 14 -21). The applicant shall advise the Director of Community and Economic Development of any proposed change in ownership or operation of a haunted house and additional entertainment uses approved through the original and amended special use permits. Such changes may subject the owners, lessees, occupants, and users of 8220 N. Austin Avenue to additional conditions and may serve as the basis for further amendment to the special use permit. SECTION 3: The owners, lessees, occupants, and users of 8220 N. Austin Avenue, their successors and assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of this special use permit have been met. SECTION 4: The special use permit as amended is granted so long as the owner, occupant and users of this property utilize the area for the purposes as herein designated. SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted and amended hereunder. SECTION 6: The applicant/owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 10th day of August 2015. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 10th day of August 2015. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 10th day of August 2015. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT "A" To: Village President and Board of Trustees From: Ronald Farkas, Chairperson, Plan Commission U Nancy Radzevich, AICP, Community and Economic Deve opment biiecto r�7� Dominick A. Argumedo, AICP, Zoning Administrator /Land -Use Planner JJ Date: July 2, 2015 Re: Plan Commission Case PC15 -04: 13th Floor Entertainment Group, request for an amendment to a Special Use Permit for Entertainment Uses (Ordinances #11 -27, 13 -15, and 14 -21) to allow for an expansion in dates and hours of operation of the previously approved haunted house and additional entertainment uses, in accordance with Section 12 -4 -3:13 of the Unified Development Code (Ordinance #07 -07) at 8220 N. Austin Avenue Commission Report Public Hearing Notice The Village of Morton Grove provided Public Notice for the June 15, 2015 Plan Commission public hearing for PC 15 -04 in accordance with the Unified Development Code. The Pioneer Press published the public notice on May 28, 2015, and the Village mailed letters notifying surrounding property owners and placed a public notice sign on the subject property on June 5, 2015, Background The subject property (8220 N. Austin Avenue) is located on the west side of Austin Avenue just south of Washington Court and is zoned M -2, General Manufacturing District. The applicant, 13th Floor Entertainment Group, recently purchased the Fear City Haunted House, which was previously owned and operated by Big City Entertainment. In July of 2011, the Village granted a Special Use permit (Ordinance 11 -27) to Big City Entertainment to allow an Entertainment use for a haunted house to be located and operated at 8220 N. Austin. Among the conditions of original special use permit was that the operation of the haunted house would be limited to 30 days, all within the month of October. In the fall of 2013, Big City Entertainment applied for and the Village granted an amendment to the original Special Use permit (Ordinance 13 -15) to allow for additional entertainment uses outside of the month of October. The amendment allows airsoft/laser tag open gaming, movie nights, private events, theatric performances, dances, and uses deemed similar by the Building Commissioner and /or Director of Community and Economic Development to be held on Saturdays and Sundays from 9AM- 1OPM. In addition, tactical training was permitted during the week, Mondays through Fridays, from 9AM -5PM. Board Report - July 5, 2015 PC #15 -04: 13"' Floor /Special Use Amendment Chairperson Farkas asked if there were any questions for the applicant. There were none. Public Hearing — Public Comment Chairperson Farkas asked if anyone was present that wanted to be heard on this case. No one asked to speak. Commissioner Gabriel stated that with no one present from the surrounding area says it all. The operation of this business by the previous owner had generated positive feedback from neighbors and the owner always tried to be a good neighbor to the surrounding residents and businesses. Public Hearing —Board Discussion and Vote Chairperson Farkas asked if there were any other comments. Hearing none, Chairperson Farkas asked for a motion on this case. Commissioner Blonz moved to recommend approval Special Use Permit for Entertainment uses at 8220 N. 21) to allow for expanded days of operation for thi weekends in September, the first weekend in Nover and to allow the additional entertainment uses to subject to the following conditions: of PC #15 -04, a request to amend the Austin (Ordinances 11 -27, 13 -15, and 14- haunted house to include the last two fiber, and one additional day in October, be held on Friday evenings, after 6pm, 1. The hours of operation of the haunted house shall be limited to the last two weekends of September, first weekend of November (Friday inclusive), and 31 days in October, from 7PM -11PM Sunday through Thursday nights with the exception that on October 30 and 31 hours of operation shall be limited to 7PM -12PM. The haunted house hours of operation shall be limited to 7PM -12AM on Friday and Saturday nights in general. 2. That airsoft/laser tag open gaming, movie nights, private events, theatric performances, dances, and uses deemed similar by the Building Commissioner and /or Director of Community and Economic Development may be held on Fridays from 6PM -lOPM and on Saturdays and Sundays from 9AM- lOPM. 3. All conditions of Ordinances #11 -27, #13 -15, and #14 -21 shall remain in effect unless specifically modified by this amendment. The motion was seconded by Commissioner Gillespie. The application was unanimously recommended for approval (7 -0), ORDINANCE 11 -27 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW AN ENTERTAINMENT USE AT THE PROPERTY LOCATED AT 8220 N. AUSTIN, MORTON GROVE, ILLINOIS WHEREAS.. the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the applicant, Big City entertainment, LLC, 4318 W. Carroll Avenue, Chicago, Illinois 60624, has made a proper application to the Plan Commission in the Village of Morton Grove under case number PC11 -07 requesting the approval of a special use permit to operate an entertainment use at the property commonly known as 8220 N. Austin Avenue, Morton Grove. Illinois 60053; and WHEREAS, the property is located in the M -2 General Manufacturing District; and WHEREAS, Section 12 -44E of the Village of Morton Grove Unified Development Code is being amended to allow entertainment uses to be located in the M -2 General Manufacturing District pursuant to a special use permit, and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Morton Grove Champion, a newspaper of general circulation in the Village of Morton Grove which publication took place on June 2, 2011, and pursuant to the posting of a sign on the property and written notification sent to property owners within 250 feet of the subject property as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on June 20, 2011, at which time all concerned parties were given the opportunity to be present and express their views for the consideration of the Plan Commission, and as result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated June 21, 2011, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A "; and WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, that the proposed Special Use Amendment is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected and will not cause substantial injury to the value of the other properties in the neighborhood in which it is located; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the Corporate Authorities have determined the Special Use Amendment as approved by the Plan Commission shall be issued subject to the conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 8220 N. Austin Avenue, Morton Grove, Illinois 60053, is hereby granted a special use permit to allow an entertainment use to be located and operated at that address subject to the following conditions and restrictions which shall be binding on the owners /lessees, occupants and users of this property.. their successors and assigns for the duration of the special use: l . The proposed Fear City facility shall be constructed and operated in accordance with the following: • Floor Plan ( "Event GroundPlan ") dated 6/6/11 by D. Efird: • Elevation Plans pp. 3 and 4 of 5.. dated 6/6/11, by D. Efird; • Lighting Plan (no date) submitted (information written on plat of survey copy); and • Traffic Plan sheets A, B and C dated 06/02/11 by Ament, Inc. 2. The parking area on the subject site shall be repaved and restriped prior to issuance of a certificate of occupancy. 3. Days of operation shall be limited to 30 days, all during the month of October. 4. Hours of operation shall be limited to 7 pm to 11 pm Sunday through Thursday nights, with the exception that on October 30 and 31 hours of operation shall be limited to 7 pm to 12 am, and 7 pm to 12 am Friday and Saturday nights. 5. Prior to release of a certificate of occupancy, the applicant shall provide specific documentation verifying Strange Engineering's authorization of use of their driveway by Fear City customers. 6. Any proposed outdoor refuse and /or recycling areas shall be provided in a solidly screened enclosure area to be approved by the Building Commissioner. SECTION 4: The owners. lessees, occupants, and users of 8220 N. Austin, their successors and assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of this special use permit have been met. SECTION 5: The special use permit is granted so long as the owner, occupant and users of this property utilize the area for the purposes as herein designated. SECTION 6: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted and amended hereunder. SECTION 7: The Applicant/Owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 8: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 11 °' day of July 2011. Trustee DiMaria� Trustee Gomberg Trustee Grear [ Trustee Marcus ` Trustee Thill Trustee Toth APPROVED by me this 11 `h day of July 201 L Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in 12`h day of July_ 1O / Tony S. Village Cook C LePs\ord\203 1\pc 1 1-07 Fear City ORDINANCE 1345 AN ORDINANCE GRANTING AN AMENDMENT TO A SPECIAL USE (ORDINANCE 11 -27) TO ALLOW ADDITIONAL ENTERTAINMENT USES AT 8240 AUSTIN AVENUE, MORTON GROVE, ILLINOIS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the applicant, Big City Entertainment, LLC., 8240 N. Austin Avenue, Morton Grove, IL 60053 has made a proper application to the Plan Commission in the Village of Morton Grove under case number PC13 -09 requesting the approval of an amendment to a special use (Ord. 11- 27), which granted a special use permit to allow an entertainment use at the property for a haunted house, at 8240 Austin Avenue, Morton Grove, Illinois; and WHEREAS, the application for an amendment to the special use includes a request to allow additional entertainment uses and modifications to the hours /dates of operation for such additional entertainment uses; and WHEREAS, the property is located in the M -2 General Manufacturing District; and WHEREAS, Section 12 -44E of the Village of Morton Grove Unified Development Code allows for special use permits for Entertainment Uses in the M2 District; and WHEREAS, the safety and operation of the additional entertainment uses will be sufficiently monitored and regulated by Morton Grove, State and Federal laws; and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Niles- Morton Grove Patch, a newspaper of general circulation in the Village of Morton Grove which publication took place on August 29, 2013, and pursuant to the posting of a sign on the property and written notification sent to property owners within 250 feet of the subject property as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on September 16, 2013, at which time all concerned parties were given the opportunity to be present and express their views for the consideration of the Plan Commission, and as result of said hearing, the Plan Commission made certain recommendations and conditions through a report September 25 30, 2013, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, the proposed amendment to the Special Use is so designed, located, and proposed to be operated, the public health, safety and welfare will be protected and will not cause substantial injury to the value of the other properties in the neighborhood in which it is located; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the Corporate Authorities have determined the amendment to the Special Use, as approved by the Plan Commission, shall be issued subject to the conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 8240 N. Austin Avenue, Morton Grove, Illinois 60053, is hereby granted an amendment to its special use permit (Ordinance 11 -27) for Entertainment Uses to allow for uses such as charitable poker events, airsoft/laser tag open gaming, tactical training, movie nights, private events, theatrical performances, dances and events deemed similar by the Building Commissioner and/or Director of Community and Economic Development subject to the following conditions and restrictions which shall be binding on the owners /lessees, occupants and users of this property, their successors and assigns for the duration of the special use: 1. The state licensed charitable poker game events shall be limited to no more than 8 events throughout the year, outside of the Month of October, and shall occur only on Saturdays and or Sundays; 2. Airsoft/laser tag open gaming, movie nights, private events, theatric performances, dances and similar uses shall be restricted to Saturdays and or Sundays outside of the month of October; That tactical training events for law enforcement or other entities shall be allowed at any time; 4. That hours of use for the specific uses be as follows: a. Charitable poker events shall be permitted on Saturdays and or Sundays from Noon - midnight; b. Airsoft/laser tag open gaming, movie nights, private events, theatric performances, dances and uses deemed similar by the Building Commissioner and/or Director of Community and Economic Development shall be permitted Saturdays and Sundays from 9AM -10PM; and c. Tactical Training: 9AM -5PM throughout the week SECTION 3: The owners, lessees, occupants, and users of 8240 N. Austin Avenue, their successors and assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of this special use permit have been met. SECTION 4: The amendment to the special use permit (Ord. 11 -27) is granted so long as the owner, occupant and users of this property utilize the area for the purposes as herein designated. SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted and amended hereunder. SECTION 6: The applicant/owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 28th day of October 2013. Trustee DiMaria Trustee Marcus Avg Trustee Pietron Trustee Thill -d-YE7 Trustee Toth A/� Trustee Witko PYE APPROVED by me this 28th day of October 2013. r Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED.and FILED in my office This 28th day f October 2013. Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois ORDINANCE 14 -21 AN ORDINANCE GRANTING AN AMENDMENT TO THE SPECIAL USE PERMIT FOR AN ENTERTAINMENT USE TO OPERATE A HAUNTED HOUSE AND ACCESSORY ENTERTAINMENT USES (ORD. 11 -27 and Ord. 13 -15) FOR THE PROPERTY LOCATED AT 8220 N. AUSTIN, MORTON GROVE, ILLINOIS WHEREAS, the Village of Morton Grove, located in Cook County, Illinois, is a Home Rule unit of government and under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, and as such can exercise any power and perform any function pertaining to its government affairs, including but not limited to, the power to tax and incur debt; and WHEREAS, in 2011, pursuant to Ordinance 11 -27, a special use permit allowing for an Entertainment Use to operate a haunted house at 8220 N. Austin was approved by the Village Board; and WHERAS, in 2013, pursuant to Ordinance 13 -15, the Board approved an amendment to the special use permit (Ord. 11 -27) to allow additional accessory entertainment uses and events to be held at the 8220 N. Austin Avenue; and WHEREAS, the applicant, Big City Entertainment, LLC, pursuant to Plan Commission Case PC 14-16 has made proper application to the Village of Motion Grove for a minor amendment to the special use permit previously granted to allow for a modification to the approved Traffic/Parking Control Personnel Exhibit, dated June 2, 2011, to allow private parking attendants in lieu of off -duty police officers to direct traffic to /from Austin Avenue and the subject property; and WHEREAS, pursuant to Ordinance 07 -07 the Village adopted a Unified Development Code which set forth an abbreviated procedure for minor revisions to special use permits which allows for the granting of such amendments without a formal public hearing process subject to the recommendation for approval by the Village Adminisirator, Corporation Counsel, Building Commissioner and Plan Commission Chairperson and subsequent approval by the Village Board; and WHEREAS, the Village Administrator, Corporation Counsel, Building Commissioner and Plan Commission Chairperson, in consultation with the Police and Public Works Departments, have found this amendment with certain conditions as set forth in this ordinance, meets the standard for the abbreviated process described above, and as such recommend approval of the minor amendment Ords. 11 -27 and 13 -15; and WHEREAS, the property is zoned in the M2 General Manufacturing District pursuant to the provisions of the Village of Morton Grove Unified Development Code; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Unified Development Code, the Corporate Authorities have determined the proposed amendment to the special use shall be approved subject to conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth. SECTION 2: Big City Entertainment, LLC, is hereby granted an amendment to the special use permit previously granted pursuant to Ordinance 1 l -27 to allow private parking attendants in lieu of off -duty police officers to direct traffic to /from Austin Avenue to the subject property: 1. All conditions of Ordinance 11 -27 and Ordinance 13 -15 shall remain in effect unless specifically modified by this amendment. 2. Should the Morton Grove Police Department, Director of Community and Economic Development and /or Village engineer be advised of any significant vehicular /pedestrian traffic or parking issues related to the operation of entertainment uses at 8820 N. Austin Avenue, the owner shall be required to develop and submit a plan to the Village Administrator within 30 days of such notice, which outlines specific ways to address such issues. Such plan shall be reviewed by the Director of Community and Economic Development, Village Engineer and Police Chief, who will be charged with making suggested changes and/or approving such a plan. Any remedies which alter the nature of this approved use may require an amendment of the special use permit and further review by the Traffic Safety Commission. SECTION 3: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use permit as amended hereunder. SECTION 4: The Applicant /Owner shall comply with all applicable requirements of the Village of Morton Grove Ordinances and Codes. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 22 "d day of September 2014. Trustee Grear Trustee Marcus Trustee Pietron Trustee Thill Trustee Toth Trustee Witko APPROVED by me this 22nd day of September 2014. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 22 "1 day of September 2014. Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois V111(ic_ Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois Big City Entertainment LLC Dear Morton Grove Village Board of Trustee's I am formually requesting a waiver of the second reading of the purposed ordnance change effecting Fear City Haunted House at 8240 Austin Ave. We were unaware that this request would require a change of ordnance and due to the timing of a second read and the nature of our business it is crucial that this second reading be waived. Thank You for your consideration on this matter. Charles P. Grendys III Fear City Haunted House Big City Entertainment LLC 7840 N. Nagle a Direct Telephone 847 -470 -5235 Fax 847/965 -9511 MEMORANDUM To: Trustee Thill Traffic Safety Commission From: Chris Tomich, Village Engineer 1 Date: July 2, 2015 Re: Traffic Safety Commission Regular Meeting on July 9, 2015 I. Speed Monitoring on the 9100 Block of Luna (at Davis) The Police Department collected speed data on the 9100 block of Luna according to the request of the Traffic Safety Commission at the June meeting. The Police Department provides the following report: The Speed Sign was collecting data from June 10h at 1000 hours until June 20`h at 2000 hours. The data it registers is as follows: 1895 vehicles went down Luna (95.5 %) 1810 were going less than 25mph (4.0 %) 76 were going between 26 — 30 mph (0.5 %) 9 were going between 31 — 35 mph 2. PC15 -05 —Dunkin' Donuts — 9,480 Waukegan Rd Request Dunkin' Donuts is requesting a Special Use Permit to operate a drive -thru facility at 9480 Waukegan Road in the C -I General Commercial District of the Village of Morton Grove. Background The proposed site at 9480 Waukegan Road is located in a C -I General Commercial District. Please refer to the included Special Use Application from the applicant and the accompanying Traffic Impact Study ( "Study ") by Gewalt Hamilton Associates, Inc. dated June 8, 2015, for background information. Staff Observations Any pre - approval of the proposed plans by Village staff is contingent up( providing proof of permit approval by the Illinois Department of Transportation Richard T. Flickinger Municipal Center 6101 Capulina Avenue a Morton (trove. Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 n the applicant for all proposed TSC - Staff Report July 9, 2015 Meeting Page 2 of 4 work within the right -of -way. 2. The south flare of the proposed driveway apron appears to encroach into the frontage of the adjacent property to the south. Staff prefers the apron to be placed completely within the frontage of the site. 3. The proposed sidewalk, especially through the proposed driveway, shall comply with the Americans with Disability Act (ADA) guidelines and ]DOT construction details. 4. In the Traffic Impact Study, GHA states it understands 12 vehicle parking spaces meet Village code. The specific number of spaces required by Village code should be explicitly stated. 54 The days and hours of operation need to be clarified. 6. The number of employees on -site at any given time needs to be stated to complete a staff review. 7. GHA note in the Study stated in 'Drive Thru Operations' that "the site civil engineer should run AutoTurn to ensure that vehicles of all sizes can navigate the drive -thru around the building." The drive -thru clearance bar on plan sheet SS -6 shows a 9'0" clearance. It is unclear how all design vehicles will be accommodated within the site. This should be clarified with an exhibit. 8. Garbage pickup procedure should be clarified. 9. Snow removal procedure should be clarified, especially how the drive -thru lane will be maintained negotiable. 3. PC15 -06 — Morton Grove Animal Hospital — 9128 Waukegan Rd Request Morton Grove Animal Hospital is requesting a Special Use Permit to construct and operate a mixed -use facility at 9128 Waukegan Road in the C -I General Commercial District of the Village of Morton Grove. The mixed use includes an animal hospital with animal boarding and human residence. Background The proposed site at 9128 Waukegan Road is located in a C -I General Commercial District. Please refer to the included Special Use Application from the applicant and the accompanying Traffic Impact Study ( "Study ") by Gewalt Hamilton Associates, Inc. (GHA) dated June 12, 2015, for background information. Staff Observations 1. Any pre- approval of the proposed plans by Village staff is contingent upon the applicant providing proof of permit approval by the Illinois Department of Transportation for all proposed work within the right -of -way. 2. The proposed sidewalk, especially through the proposed driveway, shall comply with the Americans with Disability Act (ADA) guidelines and IDOT construction details. 3. All planned landscaping shall comply with Village sight distance requirements. Plantings which require constant maintenance, especially to maintain sight distances, are not encouraged in IDOT's TSC - Staff Report July 9, 2015 Meeting Page 3 of 4 or the Village's right -of -ways or where they might encroach therein. Proposed plantings along the east property line should never be allowed to obstruct the exiting or unloading of vehicles parked in the adjacent parking spaces. 4. PC15 -07 - _Ultimate Fitness Inc – 6231Demaster St Request Ultimate Fitness, Inc. is requesting a Special Use Permit to operate a gym with personal training and fitness classes at 6231 Dempster Street in the C -1 General Commercial District of the Village of Morton Grove. Background The proposed site at 6231 Dempster Street is located in a C -1 General Commercial District. Please refer to the included Special Use Application from the applicant and the accompanying Traffic and Parking Study ( "Study ") by Eriksson Engineering Associates, Ltd. dated June 26, 2015, for background information. Staff Observations 1. Traffic Impact – Change reference from "Falk Avenue" to "Fernald Avenue ". 2. Traffic Impact – The report should clarify if the operation would include any personal training of 1 to 2 clients occurring at the same time as a class. If so, the parking demand calculations should be revised accordingly. 3. Zoning Code Requirements – The quick analysis is incomplete, misleading and poorly organized to the rest of the analysis, which makes the report confusing to interpret for a non - technical reader. Municipal Code Section 12 -7 -3B specifies parking requirements in subsection "I" are advisory only for special uses —this is relevant and should be stated in the analysis. 4. The section titled "Parking Requirements" is misleading. ITE Parking Generation Manual is used for forecasting parking needs. The author asserts TTE does not have a relevant forecast for this operation, but that does not eliminate relevant parking requirements. The section should be renamed; perhaps rename to "Parking Forecast" or perhaps move to section titled "Parking Survey and Total Demand ". 5. Parking Supply - The special permit parking zones (e.g. Zone 11) were created by the Village generally to preserve the ability of residents and their guests to park on their street and to discourage parking for commuter or commercial purposes. The report should acknowledge the residential development on street south of the alley and the applicant should offer to discourage the business' clients parking south of the alley. 6. Parking Supply - The existing parking lot does not include any accessible parking spaces. The proposed remarking of the parking lot would require 1 accessible parking space. A 16 -foot wide TSC - Staff Report July 9, 2015 Meeting Page 4 of 4 accessible parking space would add one parking space to the site if the truck loading dock area was repurposed for parking. 7. Parking Survey and Total Demand — The scheduling of the classes will affect parking demand and this has not been analyzed. Consecutive classes generally result in nearly doubling the parking demand because of early arrivals and late departures of clients. The class scheduling should be discussed in the study. Reasonable spacing between classes during off -peak hours create a high turnover rate of parking (Le. less than 2 hours per vehicle) and can mitigate the perception of parking saturation; it could be characterized as a favorable attribute of this development. 8. Parking Survey and Total Demand — Forecasts for the medical office, dental office, travel agency and barber shop would provide a useful comparison to the parking utilization from the survey. 9. Conclusion — The assertion that the total available parking can accommodate peak demand should be confirmed with regard to the comments above. 10. Conclusion — The need for an accessible parking space should be included with discussion of remarking the parking spaces. 11. On street parking typically should not be included in parking supply for a private business. In this case, a significant percentage of anticipated peak demand parking supply is expected to be provided by public on- street parking spaces. 12. It should be clarified how the site's 7 existing parking spaces are legally reserved for each of the several businesses which exist on the site. Cc: Mr. Tom Friel Mr. Andy DeMonte Leeislative Summary - -" '-- -> ` AAA A.Ax 1V, Al IA .LL' %t, yr 1rM MU1N11;1YAL CODE ENTITLED BUSINESS OCCUPATION TAXES Introduced: June 22, 2015 Synopsis: This ordinance amends Title 1, Chapter IOG to Home Rule Municipal Retailers and Service Occupation Tax to 1.25% Purpose: To provide additional revenue for the Village and further diversify the Village's tax base, decreasing Village reliance on property taxes. Background: Since 1991, the Village has collected a local option municipal retailers' and service occupation tax on the above sale of goods except for exempt sales such as vehicles, groceries, prescription and non - prescription drugs and medical appliances. Currently the Village's local option sales tax is one percent (1.0 %). The Village receives approximately $2 million from this tax which is paid by residents and nonresidents and has further diversified the Village's revenue base and reduced its dependency on property taxes. Village staff has determined the local option sales tax rate charged by some neighboring communities including Niles and Skokie is 1.25 %, and recommends the Village increase this tax by a quarter percent (1/4 %) to one and one - quarter percent (1.25 %). Programs, Departments Finance Department or Groups Affected Fiscal Impact: The Village expects to raise an additional $500,000 per year from this tax increase. Source of Funds: The tax will be paid by retail purchasers of non - exempt items, collected by the merchant and paid to the Village. Workload Impact: The Finance Department will oversee the collection of this tax as part of its normal duties. Administrator Approval Recommendation: Second Reading: Required, Municipal Code Book Change Special Considerations or None Requirements: Respectfully submitted JTh 7. riel, V/�jlage Administrator Pro Tem Prepared by: / Reviewed by:+ Teresa Hofft n, Corporation Counsel Remy Navarr te, Finance Director /Treasurer Ordinance 15 -11 AMRNrNNC TiTr t 1 f TV ♦ n ...r .n __ - -" '-- -> ` AAA A.Ax 1V, Al IA .LL' %t, yr 1rM MU1N11;1YAL CODE ENTITLED BUSINESS OCCUPATION TAXES Introduced: June 22, 2015 Synopsis: This ordinance amends Title 1, Chapter IOG to Home Rule Municipal Retailers and Service Occupation Tax to 1.25% Purpose: To provide additional revenue for the Village and further diversify the Village's tax base, decreasing Village reliance on property taxes. Background: Since 1991, the Village has collected a local option municipal retailers' and service occupation tax on the above sale of goods except for exempt sales such as vehicles, groceries, prescription and non - prescription drugs and medical appliances. Currently the Village's local option sales tax is one percent (1.0 %). The Village receives approximately $2 million from this tax which is paid by residents and nonresidents and has further diversified the Village's revenue base and reduced its dependency on property taxes. Village staff has determined the local option sales tax rate charged by some neighboring communities including Niles and Skokie is 1.25 %, and recommends the Village increase this tax by a quarter percent (1/4 %) to one and one - quarter percent (1.25 %). Programs, Departments Finance Department or Groups Affected Fiscal Impact: The Village expects to raise an additional $500,000 per year from this tax increase. Source of Funds: The tax will be paid by retail purchasers of non - exempt items, collected by the merchant and paid to the Village. Workload Impact: The Finance Department will oversee the collection of this tax as part of its normal duties. Administrator Approval Recommendation: Second Reading: Required, Municipal Code Book Change Special Considerations or None Requirements: Respectfully submitted JTh 7. riel, V/�jlage Administrator Pro Tem Prepared by: / Reviewed by:+ Teresa Hofft n, Corporation Counsel Remy Navarr te, Finance Director /Treasurer ORDINANCE 15 -11 AMENDING TITLE 1, CHAPTER 10, ARTICLE G, OF THE MUNICIPAL CODE TO INCORPORATE A RATE INCREASE IN BUSINESS OCCUPATION TAXES WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Illinois State Legislative Public Act 85 -1135 which became effective on January 1, 1990, established an overall statewide tax rate for general merchandise, food and drugs, which included one percent (I%) (automatically to municipalities) from the sale of goods at retail; and WHEREAS, routinely reviews all Village taxes and fees in order to insure their appropriateness and comparability with surrounding municipalities; and WHEREAS, the above Public Act (referred to under Illinois Compiled Statutes 65 ILCS 5/8- 11-1 and 5/8 -11 -5) also allows for the imposition of a local option municipal retailers' and service occupation tax on the above sale of goods in one - fourth of one percent (.25 %) increments -- except for those sales of tangible personal property titled or registered with an Agency of Illinois State government; or of food that is to be consumed off premises; or of prescription or non - prescription drugs and medical appliances; and WHEREAS, the Village Board of Trustees adopted Ordinance 91 -62 on December 9, 1991, to officially establish a Home Rule Municipal Retailers and Service Occupation Tax of one -half of one percent (.50 %) and on May 16, 1994 adopted Ordinance 94 -20, increasing the Home Rule Municipal Retailers and Service Occupation Tax from one -half of one percent (.50 %) to three- fourths of one percent (.75 %); and on September 22, 2003 adopted Ordinance 03 -14 increasing the Home Rule Municipal Retailers and Service Occupation Tax from three- fourths of one percent (.75 %) to one percent (1.0 1/4); and WHEREAS, Village staff has determined Home Rule Municipal Retailers and Service Occupation Tax charged by Niles and Skokie is 1.25 %; and WHEREAS, after careful study and analysis of various funding options, the Village is desirous of utilizing additional revenues generated from increasing the existing Local Option Sales Tax by one- fourth of one percent (.25 %) from one percent (1.0 %) to one and one - quarter percent (1.25 %); PIT41 WHEREAS, it is the intent of the Village to deposit the additional revenues into the General Fund. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 41 Chapter 10, Article G of the current Village Municipal Code entitled, "BUSINESS OCCUPATION TAXES" is hereby amended to read as follows: Article G. BUSINESS OCCUPATION TAXES 1- 1OG -1: MUNICIPAL RETAILERS' OCCUPATION TAX: A. Tax Imposed: A tax is hereby imposed upon all persons in the Village engaged in this Municipality in the business of making sales of service at the rate of one and one - quarter percent (1.25 %) of the selling price of all tangible personal property transferred by said service persons as an incident to a sale of service, in accordance with the provisions of the Home Rule Municipal Service Occupation Tax Act, 65 ILCS 5/8 -11.5 (Ord 91.62,12-9-91; amd Ord 94 -20, 5- 16 -94; amd Ord 03 -14, 9- 22 -03; amd Ord 15- , 07- 13 -15) B. Collection of Tax: The taxes being subject of this article and all civil penalties may be assessed as an incident thereto, shall be collected and enforced by the Department of Revenue of the State of Illinois. The Department of Revenue shall have full power to administer and enforce the provisions of this article. (Ord. 91 -62, 12 -9 -91; amd Ord 94 -20, 5- 16 -94) 1- 1OG -2: MUNICIPAL SERVICE OCCUPATION TAX: A. Tax Imposed: A tax is hereby imposed upon all persons in the Village engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of the State of Illinois, government, at retail in the Village at the rate of one and one - quarter percent (1.25 %) of the gross receipts from such sales made in the course of such business while this chapter is in effect, in accordance with the provisions of the Home Rule Municipal Service Occupation Tax Act, 65 ILCS 5/8 -11.1 (Ord 91.62,12-9-91; amd Ord 94 -20, 5- 16 -94; amd Ord 03 -14, 9- 22 -03; amd Ord 15- , 07- 13 -15) B. Collection of Tax: The taxes being subject of this article and all civil penalties may be assessed as an incident thereto, shall be collected and enforced by the Department of Revenue of the State of Illinois. The Department of Revenue shall have full power to administer and enforce the provisions of this article. (Ord. 91 -62, 12 -9 -91; amd Ord 94 -20, 5- 16 -94) SECTION 3: The Director of Finance /Treasurer is hereby directed to file a certified copy of this Ordinance with the Illinois Department of Revenue no later than July 20, 2015. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, and will be effective for all eligible sales transactions completed within the corporate limits of the Village on or after August 1, 2015, pursuant to Public Act 87 -205 and its appropriate filing with the Illinois Department of Revenue. PASSED this 13th day of July 2015. Trustee Grear Trustee Minix Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 13th day of July 2015 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14th day of July 2015. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary AMENDING TITLE 1, CHAPTER 109 ARTICLE J, OF THE MUNICIPAL CODE ENTITLED LOCAL MOTOR FUEL TAX Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Respectfully submitted: Prepared by: Teresa June 22, 2015 This ordinance amends Title 1, Chapter l OJ to increase the Village's Local Motor Fuel Tax Ordinance to $.04 per gallon of motor fuel sold at retail To provide additional revenue for the Village and further diversify the Village's tax base, decreasing Village reliance on property taxes. In 2003, the Village established a Local Motor Fuel Tax on gasoline sold at retail within the Village of Morton Grove. The tax was increased to $.02 in 2005. The Village currently raises about $290,000 per year from this tax, which is paid by residents and non - residents of the Village and has further diversified the Village's revenue base and reduced its dependency on property taxes. A survey of neighboring communities shows that Des Plaines, Park Ridge and Evanston currently charge a Local Motor Fuel Tax of $ .04 and the Village of Skokie charges $.05 per gallon of fuel sold. Village staff is recommending that this tax be increased to $.04 per gallon. Finance Department The Village expects to raise an additional $200,000 per year from this tax increase. The tax will be paid by retail purchasers of motor fuel, collected by the seller and paid to the Village. Fhe Finance Department will oversee the collection of this tax as part of its iormal duties. Approval Zequired, Municipal Code Book Change Jone y nel, V67age Administrator Pro Tem Reviewed by ar� Corporation Counsel Remy Navarre e, Finance Director /Treasurer ORDINANCE 15 -12 AMENDING TITLE 11 CHAPTER 10, ARTICLE J, OF THE MUNICIPAL CODE ENTITLED LOCAL MOTOR FUEL TAX WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, on December 8, 2003, the Village adopted Ordinance 03 -24 which added Title 4, Chapter 17E entitled Local Motor Fuel Tax to the Municipal Code of the Village of Morton Grove; and WHEREAS, routinely reviews all Village taxes and fees in order to insure their appropriateness and comparability with surrounding municipalities; and WHEREAS, on December 12, 2005, the Village adopted Ordinance 05 -55 which amended Title 4, Chapter 17E to increase the Village of Morton Grove Local Motor Fuel Tax to the rate of $.02 per gallon of fuel sold; and WHEREAS, Village staff has determined that the rate charged by neighboring communities including Des Plaines, Park Ridge and Evanston is $ .04 and the rate charged by Skokie is $.05 per gallon of fuel sold; and WHERAS the Village currently receives approximately $290,000 in revenue as a result of this tax; and WHEREAS, this tax is paid by residents and non - residents of the Village and has further diversified the Village's revenue base and reduced its dependency on property taxes; and WHEREAS, the President and Village Board of the Village of Morton Grove have determined it is in the best to the Village of Morton Grove to now increase the Local Motor Fuel Tax to four cents ($0.04); and WHEREAS, the Village has the policy of regularly reviewing and revising the Municipal Code as necessary to assure all provisions remain compliant with contemporary statutes relevant to current operations. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth herein thereby making the findings as hereinabove set forth. SECTION 2: Title 1, Chapter 10, Article J of the Municipal Code of the Village of Morton Grove is hereby amended to read as follows: Article J. LOCAL MOTOR FUEL TAX 1- 1OJ -1: DEFINITIONS: MOTOR FUEL All volatile liquids compounded or used for fueling motor vehicles, including gasoline, gasohol and diesel fuel. MOTOR FUEL RETAILER Any person, firm or corporation engaged in the business of selling motor fuel at retail, and not for resale, and any person owning any premises where motor fuel is sold at retail and not for resale. (Ord. 06 -40, 11 -27- 2006) 1- 1OJ -2: TAX IMPOSED: There is hereby imposed and levied a tax upon the retail purchase of motor fuel within the Village, at the rate of four cents ($0.04) per gallon or fraction thereof. This tax shall be in addition to any and all other taxes. The ultimate incidence and liability for payment of such tax shall be upon the retail purchaser of motor fuel. Nothing herein shall be construed to impose a tax upon the occupation of selling motor fuel. (Ord. 06 -40, 11 -27 -2006) I-1 0J-3: COLLECTION OF TAX: Each motor fuel retailer in the Village shall have the duty to collect the motor fuel tax from each purchaser and to pay it over to the Village, along with an accounting therefore, on return forms provided by the Village. The return and tax payment shall be filed with the Finance Director and Treasurer on the same filing dates as are established for filing with the Illinois Department of Revenue of the Retailers' Occupations Tax Return Form ST -1. (Ord. 06 -40, 11 -27 -2006) 1 -I OJ -4: REGISTRATION AND MAINTENANCE OF RECORDS: Each motor fuel retailer shall register with the Village on forms provided by the Finance Director and Treasurer. Each motor fuel retailer shall have the duty to maintain complete and accurate books, records and accounts showing the gross receipts for the sale of motor fuel and the taxes collected from the purchaser thereof, which shall be made available to the Village for examination and for audit by the Village upon reasonable notice during customary business hours. (Ord. 06 -40, 11 -27 -2006) I-1 0J-5: TRANSMITTAL OF EXCESS TAX COLLECTION: If any person collects an amount not subject to the tax imposed hereby but which amount is reported to be for the collection of said tax, or if a person collects an amount upon a sale greater than the tax so imposed herein and does not for any reason return the same to the purchaser who paid the same before filing the return for the period in which such occurred, said person shall account for and pay over those amounts to the Village along with the tax properly collected. (Ord. 06 -40, 11 -27 -2006) SECTION 3: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable for any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions shall remain in full force and effect. SECTION 4: Except as to code amendments set forth in this ordinance, all chapters and sections of the Morton Grove Village Code shall remain in full force and effect. SECTION 5: This ordinance shall be effective from and after its adoption, approval, and publication as provided by law. PASSED THIS 13th day of July 2015. Trustee Great Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 130' day of July 2015. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILES in my office This 14's day of July 2015. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Leeislative Summary AMENDING TITLE 15 CHAPTER 109 ARTICLE E OF THE MUNICIPAL CODE ENTITLED "MUNICIPAL NATURAL GAS USE TAX" AND APPROVING A TAX COLLECTION AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND NORTHERN ILLINOIS GAS COMPANY, d/b /a NICOR GAS COMPANY Introduced June 22, 2015 Synopsis This Ordinance will amend the existing 1 -10E by increasing the municipal natural gas use imposed a municipal gas tax from two cents ($0.02) to five cents ($0.05) per therm. Purpose To provide additional revenue for the Village and further diversify the Village's tax base, decreasing Village reliance on property taxes. Background: In 2002, the Village established a Municipal Gas Use Tax within the Village of Morton Grove of two cents ($0.02) per therm. The Village currently raises approximately $330,000 per year from this tax, which has helped to diversify the Village's revenue base and reduce its dependency on property taxes. A survey of neighboring communities shows the Municipal Gas Use Tax rate charged by Skokie, Arlington Heights, Hoffman Estates, Lake Forest, Lake Zurich, Lincolnshire, and Wheeling is currently five cents ($0.05) per therm. Village staff is recommending the Morton Grove rate be increased to five cents ($0.05) per therm. In order for Nicor to collect this tax at the new rate, it is necessary for the Village to enter into an updated Tax Collection Agreement. This ordinance will also authorize the Village President to enter into that agreement. Programs, Departments All Departments or Groups Affected Fiscal Impact: Not applicable. Source of Funds: Not applicable. Workload Impact: The Finance Department will oversee the collection of this tax as part of its normal duties. Administrator Approval as presented. Recommendation: Second Reading: Required — Municipal Code Book Change Special Considerations or None Requirements: 'ro Tem Reviewed by:y Remy Navafrete, Finance Director/Treasurer ORDINANCE 15 -13 AMENDING TITLE 1, CHAPTER 109 ARTICLE E OF THE MUNICIPAL CODE ENTITLED MUNICIPAL NATURAL GAS USE TAX AND APPROVING A TAX COLLECTION AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND NORTHERN ILLINOIS GAS COMPANY, d/b /a NICOR GAS COMPANY WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, in furtherance of its home rule powers, it is necessary and desirable for the Village of Morton Grove to amend its ordinances regarding taxation by updating the Municipal Gas Use Tax. WHEREAS, routinely reviews all Village taxes and fees in order to insure their appropriateness and comparability with surrounding municipalities; and WHEREAS, on June 10, 2002, pursuant to Ordinance 02 -27, the Village approved the Municipal Gas Use Tax to diversify the Village's revenue base and reduce dependency on the property tax; and WHEREAS, pursuant to Ordinance 02 -27, the Village imposed a tax on the consumption of natural gas tax within the Village purchased in a sale at retail at the rate of two cents ($0.02) per therm; and WHEREAS, in 2015, the Village's Finance Department requested a survey from the Northwest Municipal Conference to determine the Municipal Gas Use Tax imposed by neighboring communities. Thirteen communities responded to this survey; and WHEREAS, pursuant to said survey, Morton Grove along with Northbrook charged the lowest tax and communities such as Skokie, Arlington Heights, Hoffman Estates, Lake Forest, Lake Zurich, Lincolnshire, and Wheeling imposed a municipal gas tax at the rate of five cents ($0.05) per therm. WHEREAS, the Village currently receives $330,000 in revenue as a result of this tax; and WHEREAS, the Village is desirous of increasing the Municipal Gas Use Tax within corporate limits to a rate of five cents ($0.05) per therm; and WHEREAS, in the Village President and Board of Trustees find the tax rate provided for in this ordinance are lawful and in full compliance with limitations as set forth in the Illinois Municipal Code; and WHEREAS, in order for Nicor to collect this tax at the new rate, it is necessary for the Village to enter into an updated Tax Collection Agreement. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village of Morton Grove Municipal Code be and is hereby amended by updating Title 1, Chapter 10, Article E entitled Municipal Natural Gas Use Tax to read as follows: Article E. MUNICIPAL NATURAL GAS USE TAX 1- 10E -1: DEFINITIONS: As used in this chapter, whenever any of the following words, this section: terms, or descriptions are used herein, they shall have the meaning ascribed to them in MUNICIPAL NATURAL The tax imposed by this chapter shall be known as the municipal GAS USE TAX natural gas use tax and is imposed in addition to all other taxes imposed by the village of Morton Grove, the state of Illinois, or any other municipal corporation or political subdivision thereof. PERSON Any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, municipal corporation or political subdivision of this state, or a receiver, trustee, conservator or other representative appointed by order of any court. PUBLIC UTILITIES ACT The Public Utilities Act (220 ILCS 511 -101 et seq [1996]), as amended. PUBLIC UTILITY A public utility as defined in section 3 -105 of the Public Utilities Act. RETAIL PURCHASER Any person who purchases natural gas in a sale at retail. SALE AT RETAIL Any sale of natural gas by a retailer to a person for use or consumption, and not for resale. For this purpose, the term "retailer" means any person engaged in the business of distribution, supplying, furnishing or selling natural gas. VILLAGE The Village of Morton Grove. (Ord. 02 -27, 6 -10 -2002) 1- IOE -2: TAX IMPOSED: A. Except as otherwise provided by this chapter, a tax is imposed on the privilege of using or consuming natural gas in the village that is purchased in a sale at retail at the rate of five cents ($0.05) per therm. B. The ultimate incidence of and liability for payment of the tax is on the retail purchaser, and nothing in this chapter shall be construed to impose a tax on the occupation of distributing, supplying, furnishing, selling or transporting natural gas. C. The retail purchaser shall pay the tax, measured by therms of gas delivered to the retail purchaser's premises, to the public utility designated to collect the tax pursuant to section 1- 10E-4 of this chapter on or before the payment due date of the public utility's bill first reflecting the tax, or directly to the village's treasurer on or before the fifteenth day of the second month following the month in which the natural gas is delivered to the retail purchaser if no public utility has been designated to collect the tax pursuant to section 1 -1OE -4 of this chapter or if the natural gas is delivered by a person other than a public utility so designated. D. A purchaser who purchases natural gas for resale and therefore does not pay the tax imposed by this chapter with respect to the use or consumption of the natural gas, but who later uses or consumes part or all of the natural gas, shall pay the tax directly to the village treasurer on or before the fifteenth day of the second month following the month in which the natural gas is used or consumed. E. The tax shall apply to natural gas for which the delivery to the retail purchaser is billed by a public utility on or after August 1, 2015. (Ord. 02 -27, 6 -10 -2002) Ord 15- , 07- 13 -15) 1 -I OE -3: GOVERNMENT ENTITIES EXEMPT FROM TAX: The following governmental entities are exempt from payment of the municipal natural gas use tax: A. All agencies of the federal government; B. All departments and agencies of state government; C. State universities created by statute; D. Municipal corporations; E. Public school districts; F. Special taxing districts, including park districts; and G. Public libraries. (Ord. 02 -27, 6 -10 -2002) I- 10E -4: COLLECTION OF TAX: A. The Village President is authorized to enter into a contract for collection of the tax imposed by this chapter with any public utility providing natural gas service in the village. The contract shall include and substantially conform with the following provisions: I . The public utility will collect the tax with respect to natural gas delivered by it to its customers as an independent contractor; 2. The public utility will remit collected taxes to the village treasurer no more often than once each month; 3. The public utility will be entitled to withhold from tax collections a service fee not to exceed three percent (3 %) of the amounts collected and timely remitted to the village treasurer; 4. The public utility shall not be liable to the village for any tax not actually collected from a retail purchaser; and 5. Such additional terms as the parties may agree upon. B. A public utility designated to collect the tax imposed by this chapter from its customers shall bill each customer for the tax on all natural gas delivered to the customer unless: 1) the customer's use or consumption is exempt from the tax pursuant to a duly passed and authorized ordinance of the village, or 2) the public utility has received written notification from the village that the customer is exempt from the tax. (Ord. 02 -27, 6 -10 -2002) SECTION 3: The Village President is hereby authorized to execute and the Village Clerk to attest an updated tax collection agreement with the Northern IL Gas Co, d/b /a NICOR Gas Company, said agreement is attached hereto and incorporated herein by reference. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 13th day of July 2015. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 13`h day of July 2015. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14`h day of July 2015. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Municipal Gas Use Tax Collection Agreement between the Village of Morton Grove, Illinois Northern Illinois Gas Company, d/b /a Nicor Gas Company 9253730 TABLE OF CONTENTS L* ARTICLE 1. INCORPORATION OF RECITALS ................................ ............................... 1 ARTICLE2. DEFINITIONS .................................................................. ............................... 2 ARTICLE 3. SERVICES OF THE CONTRACTOR ............................. ............................... 3 3.1 Tax Collection General Provisions ......................................... ............................... 3 3.2 Tax Collection Services .......................................................... ............................... 3 A. Collection From Customers ........................................ ............................... 3 B. Review of Customer Accounts ................................... ............................... 4 C. Responsibility for Providing Exempt Customer List .. ............................... 5 D. Remittance .................................................................. ............................... 6 E. Customer Payments; Collection of Tax by Municipality .......................... 7 F. Records and Audits ..................................................... ............................... 7 G. Liability for Tax Refunds, Disputes ............................ ............................... 8 H. Amendments to Tax Ordinance .................................. ............................... 8 3.3 Subcontracts and Assignments ............................................... ............................... 9 A. Assignment by Contractor .......................................... ............................... 9 B. Effect of Municipality Consent ................................. ............................... 10 C. Assignment by the Municipality ............................... ............................... 10 3.4 Confidentiality ......................10 3.5 Compliance with Laws ......................................................... ............................... I 1 ARTICLE4. Term ................................................................................ ............................... 11 4.1 Term of Agreement ............................................................... ............................... 11 A. Original Term ............................................................ ............................... I I B. Extension ..................................................................... .............................II ARTICLE5. COMPENSATION ......................................................... ............................... 11 ARTICLE6. DISPUTES ...................................................................... ............................... 12 ARTICLE 7. REPRESENTATIONS AND WARRANTIES ............... ............................... 12 7.1 Contractor's Representations and Warranties ....................... ............................... 12 7.2 Municipality's Representations and Warranties ................... ............................... 12 ARTICLE8. TERMINATION ............................................................. ............................... 12 8.1 Termination Right of Municipality ....................................... ............................... 12 -x- 9253730 TABLE OF CONTENTS (continued) 8.2 ARTICLE 9. 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 Termination Right of Contractor .......................................... ............................... GENERAL CONDITIONS ............................................ ............................... Entire Agreement .................................................................. ............................... A. General ........................................................................ .............................13 B. No Collateral Agreements ......................................... ............................... Counterparts ........................... ............................... ......14 .......... ............................... Amendments ......................................................................... ............................... Governing Law and Jurisdiction ........................................... ............................... Severability ........................................................................... ............................... Interpretation ......................................................................... ............................... Assigns .................................................................................... .............................14 Invalid Tax or Exemption from Tax; Responsibility for Refunds and Collection.............................................................................. ............................... Miscellaneous Provisions ...................................................... ............................... Nonliability of Public Officials ............................................. ............................... Nonliability of the Contractor's Officers, Directors, Employees and 13 13 13 13 14 14 14 14 14 15 15 9.12 9.13 9.14 9.15 ARTICLE10. ARTICLE11. 11.1 11.2 Agents................................................................................... ............................... Consequential Damages; Fines; Etc ...................................... ............................... Limitation of Liability ........................................................... ............................... Indemnification by Municipality Related to Imposition of Tax .......................... Limitation Period on Actions ................................................ ............................... NOTICES ........................................................................ ............................... AUTHORITY ................................................................. ............................... Municipality's Authority ...................................................... ............................... Contractor's Authority .......................................................... ............................... 16 16 16 16 17 17 17 17 17 -ii- 9253730 MUNICIPAL GAS USE TAX COLLECTION AGREEMENT This Municipal Gas Use Tax Collection Agreement (this "Agreement') is entered into as of this 13`h day of July, 2015, by and between Northern Illinois Gas Company, d/b /a Nicor Gas Company, an Illinois corporation (the "Contractor "), and the Village of Morton Grove, Illinois (the "Municipality "), a municipal corporation and home rule unit of local government existing under the Illinois Constitution. RECITALS WHEREAS, on July 13, 2015, the Municipality adopted Ordinance No. 15 -13 (the "Tax Ordinance ") pursuant to which the Municipality found that: (a) the Municipality is a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; (b) subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals and welfare; and (c) in furtherance of its home rule powers, it is necessary and desirable for the Municipality to amend its ordinances regarding taxation by creating a municipal gas use tax; and WHEREAS, as a result of such findings, the Municipality adopted the Tax Ordinance imposing a Municipal Gas Use Tax (the "Tax ") on gas purchased at retail for use or consumption in the Municipality; and WHEREAS, the Municipality authorized the execution of an agreement with the Contractor to provide for the collection of the Tax; and WHEREAS, pursuant to Section 10 of Article VII of the Illinois Constitution of 1970, the Municipality is authorized to contract and otherwise associate with individuals, associations, and corporations in any manner not prohibited by law or by ordinance; and WHEREAS, the Municipality and the Contractor have negotiated the terms and conditions pursuant to which the Contractor shall collect the Tax and render other related services. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the Municipality and the Contractor agree as follows: ARTICLE 1. INCORPORATION OF RECITALS The recitals set forth above are incorporated by reference as if fully set forth herein. 9253730 ARTICLE 2. DEFINITIONS The following terms shall have the meanings ascribed to them for the purposes of this Agreement: "Account" means an account that a Person has with the Contractor. "Agreement" means this Municipal Gas Use Tax Collection Agreement, including all exhibits attached hereto and incorporated herein by reference, and all amendments, modifications or revisions hereto made in accordance with the terms hereof. "Contractor" has the meaning set forth in the first paragraph of this Agreement. "Customer" means a Person on the Customer Account List who has a Customer Account. "Customer Account" means an Account that a Customer has with the Contractor. "Customer Account List" means a list of addresses of Customer Accounts from which the Contractor will collect the Tax. "Exempt Customer List" means a document issued by the Municipality listing the names, addresses, account numbers, facilities and meter locations of (i) the Municipality, (ii) Persons exempt by law from the payment of the Tax (other than by an ordinance of the Municipality), and (iii) Persons who are exempt from payment of the Tax pursuant to an ordinance of the Municipality. "Fee" means the compensation payable to the Contractor for the services provided under this Agreement as more specifically defined in Article 5 of this Agreement. "Municipality" has the meaning set forth in the first paragraph of this Agreement. "Person" means any individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, municipal corporation or political subdivision of this state, or a receiver, trustee, conservator or other representative appointed by order of any court. "Records" means those records and accounts with respect to the Tax on each Customer Account on the Customer Account List, which are kept by the Contractor in the ordinary course of its business. "State" means the State of Illinois. "Tax" has the meaning set forth in the Recitals to this Agreement "Tax Collection Services" means the services described in Article 3 of this Agreement. "Tax Ordinance" has the meaning set forth in the Recitals to this Agreement. 9253730 ARTICLE 3. SERVICES OF THE CONTRACTOR 3.1 Tax Collection General Provisions The Contractor shall perform the services (the "Tax Collection Services ") described in Section 3.2. The Contractor is acting as an independent contractor in performing under this Agreement and nothing herein is intended or should be construed as in any way creating or establishing the relationship of partners or joint venturers between the Municipality and the Contractor, or as constituting the Contractor or any officer, owner, employee or agent of the Contractor as an agent, representative, fiduciary or employee of the Municipality for any purpose or in any manner whatsoever. The relationship of the parties with respect to the subject matter of this Agreement, including without limitation the performance of the Tax Collection Services, is strictly contractual and neither party shall have any rights or obligations with respect to the Tax Collection Services other than as are expressly provided in this Agreement. Without limiting the generality of the foregoing, it is specifically understood and agreed that the rights and obligations of the Contractor with respect to the subject matter of this Agreement shall not be deemed to incorporate or be amended, modified or varied in any respect by (i) the provisions of any ordinance (including the Tax Ordinance), mandate or directive that the Municipality has adopted or may adopt in the future even if such ordinance, mandate or directive purports to amend, modify or vary any rights or obligations of the Contractor or to impose any performance standards, charges, damages, assessments, fines or penalties on the Contractor with respect to, or in connection with, the subject matter of this Agreement or (ii) the provisions of any existing or future license, franchise, grant or other agreement. 3.2 Tax Collection Services A. Collection From Customers The Contractor will bill the Tax to each Customer on the Customer Account List by including the Tax on the bills issued to the Customer for the Customer Account. The Tax will be billed at the rate of five cents ($0.05) per therm of gas delivered and billed by the Contractor to such Customer Account. The Contractor will collect the Tax remitted along with any other amounts owed to the Contractor, including any gas and service charges, and any charges pursuant to Sections 9 -221 and 9 -222 of the Public Utilities Act. The Contractor will include the Tax on any bill issued to a Customer on the Customer Account List on or after August 1, 2015. 3 9253730 B. Review of Customer Accounts 1. Municipality Cooperation with Respect to Customer Accounts During the Term, the Municipality shall cooperate with the Contractor with respect to the review of Customer Accounts subject to the Tax, including, but not limited to, reviewing Customer Account Lists as described herein. 2. Initial Customer Account List The Contractor shall provide the Municipality with the Contractor's initial Customer Account List prior to, or shortly following, commencement of the Tax Collection Services. The Municipality shall promptly review the Customer Account List provided by the Contractor and inform the Contractor in writing of changes to (including additions to, deletions from or other changes to) the Customer Account List within thirty (30) days of receipt of such Customer Account List. If the Municipality informs the Contractor of changes to the Customer Account List and provides supporting information for such changes, the Contractor shall use reasonable efforts to implement any such changes, unless it disputes any such changes from the Municipality, in which case it shall notify the Municipality of the same and the Contractor and the Municipality shall use their best efforts to promptly resolve the same. 3. Changes to Customer Account List The Municipality acknowledges that, during the Term, the Contractor will add Customer Accounts to, delete Customer Accounts from and make other changes to the Customer Account List as the Contractor is informed of changes related to Customer Accounts. In addition, if the Municipality informs the Contractor in writing of suggested changes to the Customer Account List and provides supporting information for such changes, the Contractor shall use its reasonable efforts to implement any such changes, unless it disputes any such changes from the Municipality, in which case it shall notify the Municipality of the same and the Contractor and the Municipality shall use their best efforts to promptly resolve the same. As a means of assisting the Municipality to confirm the accuracy of the Customer Account List on an ongoing basis during the Term, the Contractor may periodically provide to the Municipality a current Customer Account List. The Municipality shall promptly review such Customer Account List and inform the Contractor in writing of changes to (including additions to, deletions from or other changes to) the Customer Account List within thirty (30) days of receipt of such Customer Account List. If the Municipality informs the Contractor in writing of changes to the Customer Account List and provides supporting information for such changes, the Contractor shall use reasonable efforts to implement any such changes, unless it disputes any such changes suggested by the Municipality, in which case it shall notify the Municipality of the same and the Contractor and the Municipality shall use their best efforts to promptly resolve the same. If the Municipality fails to so inform the Contractor in writing of changes to the Customer Account List, the Contractor shall be entitled to assume that the Municipality does not propose any changes to the current Customer Account List. 4 9253730 4. Accuracy of Customer Account List The Customer Account Lists shall be compiled by the Contractor from information contained in the Contractor's customer records as such records exist from time to time based on information received by the Contractor from the Municipality in accordance with this Section 3.213 and from other sources of information normally used by the Contractor in the ordinary course of its utility business. The Customer Account Lists are intended to contain the accurate addresses of all Customers who use or consume gas within the Municipality. However, the Municipality specifically acknowledges that the Customer Account Lists compiled by the Contractor in the ordinary course of its business may include mistakes, errors and omissions and that, as a consequence, the Customer Account Lists may fail to include some Persons who use or consume gas within the Municipality or they may include some Persons who do not use or consume gas within the Municipality. The Contractor makes no representation or warranty that the Customer Account Lists will be free from mistakes, errors and omissions. The Contractor shall have no responsibility or liability to the Municipality for any such mistakes, errors or omissions in any Customer Account Lists including, without limitation, any responsibility or liability related to the collection of the Tax from Accounts on the Customer Account Lists or related to the failure to collect the Tax from Accounts not on the Customer Account Lists. C. Responsibility for Providing Exempt Customer List 11 Initial Exempt Customer List It shall be the obligation of the Municipality to provide the Contractor in writing with the Exempt Customer List before the commencement of the Tax Collection Services. In the event the Municipality does not provide the Contractor with an initial Exempt Customer List before the commencement of the Tax Collection Services, the Contractor thereafter may, but shall not be obligated to, compile an initial Exempt Customer List based upon its judgment, made in good faith, of Persons who would qualify as exempt from the Tax and, if the Contractor elects to compile an initial Exempt Customer List, the Contractor shall promptly provide the Municipality in writing with such Exempt Customer List. Upon receipt of the Exempt Customer List by the Contractor, the Contractor shall not include the Tax on any bill issued to a Person on the Exempt Customer List from and after the first day of the second month following the date of receipt of the Exempt Customer List, unless the Contractor disputes the inclusion of any Person on the Exempt Customer List, in which case it shall notify the Municipality of the same and the Contractor and the Municipality shall use their best efforts to promptly resolve the same. In the event the Municipality does not timely provide the Contractor with an initial Exempt Customer List and the Contractor elects to compile an Exempt Customer List, the Contractor may exclude the Tax on any bill issued to a Person on the Exempt Customer List from and after the date the Contractor compiles such Exempt Customer List. The Municipality shall be responsible for updating the Exempt Customer List and shall promptly notify the Contractor of any such updates as they occur. 2. Addition of Persons to Exempt Customer List Upon receipt by the Contractor of any written update to the Exempt Customer List from the Municipality adding Persons to the Exempt Customer List, the Contractor shall not include 9253730 the Tax on any bill issued to a Person added to the Exempt Customer List from and after the first day of the second month following the date of receipt of the updated Exempt Customer List, unless the Contractor disputes the addition of any such Person to the Exempt Customer List, in which case it shall notify the Municipality of the same and the Contractor and the Municipality shall use their best efforts to promptly resolve the same. 3. Removal of Persons from Exempt Customer List Upon receipt by the Contractor of any written update to the Exempt Customer List from the Municipality removing Persons from the Exempt Customer List, the Contractor shall include the Tax on any bill issued to a Person removed from the Exempt Customer List from and after the first day of the second month following the date of receipt of the updated Exempt Customer List, unless the Contractor disputes the removal of any such Person from the Exempt Customer List, in which case it shall notify the Municipality of the same and the Contractor and the Municipality shall use their best efforts to promptly resolve the same. 4. Accuracy of Exempt Customer List The Contractor makes no representation or warranty that the Exempt Customer Lists will be free from mistakes, errors and omissions including, without limitation, mistakes, errors or omissions by the Contractor in (i) compiling an initial Exempt Customer List in the event the Municipality fails to timely provide the Contractor with an initial Exempt Customer List or (ii) incorporating information received from the Municipality in the preparation or update of the Exempt Customer Lists. The Contractor shall have no responsibility or liability to the Municipality for any such mistakes, errors or omissions in any Exempt Customer Lists including, without limitation, any responsibility or liability related to the failure to collect the Tax from Accounts on the Exempt Customer Lists or related to the collection of the Tax from Accounts not on the Exempt Customer Lists. D. Remittance The Contractor will remit the Tax collected, net of its Fee, to the Municipality on or before the last day of the first calendar month following the calendar month in which the Tax is collected. The Contractor may remit payment for a calendar month on the basis of estimates made by the Contractor in good faith of the Tax to be billed and collected, and the Fee due, for that calendar month and, in such case, the Contractor will adjust as soon as reasonably practicable subsequent monthly remittances to account for differences between the Contractor's initial estimate of Tax collections, and Fee due, for such calendar month and Contractor's actual Tax collections and the actual Fee due for such calendar month. The Contractor may from time to time change its methodology for estimating in good faith the Taxes to be billed and collected, and the Fee due, for a calendar month. The Contractor ultimately shall only be responsible for remitting to the Municipality the actual amount of Tax collected by the Contractor, net of the Fee applicable thereto, and shall have no obligation to pursue collection efforts on behalf of the Municipality to collect any Tax billed by the Contractor that is not paid. If the Contractor's remittances for a calendar month are based on estimates and the amounts of such estimates are less than the actual Tax ultimately collected for such calendar month, the Contractor shall be responsible for remitting to the Municipality (if not otherwise accomplished through the 9253730 adjustment procedure above) the amount, without interest, by which the Tax actually collected for such month, net of the Fee applicable thereto, exceeded the Contractor's previous remittances for such month. If the Contractor's remittances for a calendar month are based on estimates and the amounts of such estimates are more than the actual Tax ultimately collected for such calendar month, the Municipality shall be responsible for remitting to the Contractor (if not otherwise accomplished through the adjustment procedure above) the amount, without interest, by which the Tax actually collected for such month, net of the Fee applicable thereto, is less than the Contractor's previous remittances for such month. E. Customer Payments; Collection of Tax by Municipality The Tax shall be due and payable by a Customer to the Contractor by the due date of the bill on which the Tax is included. The Municipality shall not assess or attempt to collect any Tax from a Customer, provided, however, that the Municipality may attempt to collect the Tax from Accounts subject to dispute between the Municipality and the Contractor pursuant to Section 3.213., but only during such period as a dispute exists between the Municipality and the Contractor related to such Accounts and, provided, further, that the Municipality shall assume all liability related to the collection of the Tax from such Accounts and the Contractor shall have no responsibility or liability related to the collection of the Tax from such Accounts or related to the failure to collect the Tax from such Accounts. In the event that a Customer attempts to pay the Tax to the Municipality, the Municipality shall use its best efforts to direct the Customer to pay the Tax to the Contractor. F. Records and Audits Records The Contractor shall use good faith efforts to retain for a three -year period from the date any billing of the Tax Records sufficient to reflect properly such Tax due, billed, collected and/or remitted to the Municipality, and the amount of any Fees deducted by the Contractor as payment for the Tax Collection Services. Any Records transmitted, disclosed or otherwise made available to the Municipality pursuant to this Agreement shall not include identifying information pertaining to the Customer. 2. Audits The Contractor shall keep the Records open to reasonable audit, inspection, copying and abstracting by the Municipality at the Contractor's office at reasonable times during business hours that are agreed to by the Contractor, at the Municipality's expense (which shall include reimbursement of all costs of the Contractor related to any such audit, inspection, copying or abstracting, including labor and overhead charges for employees and agents of the Contractor responding to audit requests) and subject to the Contractor's customer confidentiality policies. Audit requests shall be provided to the Contractor in writing and shall be limited in scope to Records relating to billing and collection of Tax from Customers for the three -year period preceding the date of the audit request. The Contractor shall determine, in its discretion, the manner and format in which such Records are provided to the Municipality. Each employee or 9253730 agent of the Municipality participating in the audit shall agree in writing to comply with the confidentiality obligations of the Municipality as specified in Section 3.4 of this Agreement. If, after conducting an audit, the Municipality believes that the Tax should have been collected from certain Accounts or that the Tax should not have been collected from certain Accounts, the Municipality shall notify the Contractor in writing and provide supporting information as appropriate. The Contractor shall use reasonable efforts to commence or discontinue collection of the Tax from such Accounts, as applicable, on a prospective basis, unless it disputes the Municipality's position with respect to any such Account, in which case it shall notify the Municipality of the same and the Contractor and the Municipality shall use their best efforts to promptly resolve the same. The Municipality shall be solely responsible for collecting the Tax from or refunding the Tax to such Accounts, as applicable, for periods prior to the date that the Contractor commences or discontinues collection of the Tax from such Accounts. Upon the request of the Municipality, the Contractor may provide reasonable assistance to the Municipality in the Municipality's collection or refunding of the Tax. G. Liability for Tax Refunds, Disputes Liability for the Tax shall rest exclusively with the Customer. The Contractor shall not be liable to remit any Tax not actually collected. To the extent a subcontractor or assignee that collects the Tax pursuant to this Agreement is required to transfer the amount of the Tax collected to the Contractor for remittance to the Municipality, the Contractor is responsible for remitting to the Municipality only that portion of the Tax actually received by the Contractor from the subcontractor or assignee. Any Customer's claim for a refund or other dispute regarding the amount of Tax owed or collected shall be directed to and handled by the Municipality, not the Contractor. In no case shall the Contractor be liable to refund any Tax to a Customer or other amount collected and remitted to the Municipality pursuant to this Agreement. The foregoing shall not limit the Contractor's ability to refund the Tax in such cases where the Contractor reasonably determines that a refund is appropriate and, in any such case, the Contractor shall be entitled to reimbursement from the Municipality for such refund to the extent the amount of the refunded Tax previously had been remitted by the Contractor to the Municipality. H. Amendments to Tax Ordinance In the event that the Tax Ordinance is amended, the Municipality shall provide notice to the Contractor within 14 days of the date that any amended ordinance is passed. If the amended ordinance changes the rate of the Tax, then the Contractor shall collect the Tax at the new rate with respect to bills issued for a Customer Account on or after: (i) the effective date of the new rate of the Tax pursuant to the amended ordinance, which shall be the first day of a calendar month; or (ii) the first day of the calendar month following that date which is three months after the date on which the amended ordinance is passed, whichever is later. If the Tax Ordinance is amended without the prior written concurrence of the Contractor in any manner other than to change the rate of the Tax, the Contractor may at any time from and after the date such amended ordinance is passed terminate this Agreement upon thirty (30) days' written notice to the Municipality. 9253730 33 Subcontracts and Assignments A. Assignment by Contractor 1. Merger or Asset Sale The Contractor may, without the consent of the Municipality, transfer its rights and obligations under this Agreement, in whole, but not in part, in connection with a merger or a sale, transfer or conveyance of all or substantially all of the Contractor's assets. 2. Collection Agencies The Contractor may, without the consent of the Municipality, subcontract, assign or delegate all or any portion of the Tax Collection Services to one or more collection agencies or law firms in the ordinary course of the Contractor's business and consistent with the requirements of this Agreement. Furthermore, the Contractor may, without the consent of the Municipality, permit any of its authorized agents listed on the Contractor's published "Directory of Company Authorized Collection Agents and Company Offices ", for example, a bank or a savings and loan, to accept payments from Customers on behalf of the Contractor. 3. Gas Supplier Agreements The Contractor may enter into an agreement with a gas supplier to provide billing services to the Contractor. In the event the Contractor enters into such an agreement with a gas supplier, the Contractor may, at the Contractor's sole discretion, (a) continue to collect the Tax with respect to Customers purchasing gas from the gas supplier, (b) subcontract, assign or delegate, without the consent of the Municipality, all or any portion of the Tax Collection Services to the gas supplier with respect to Customers purchasing gas from the gas supplier, or (c) provide notice to the Municipality that those Customers purchasing gas from the gas supplier will not be considered Customers for purposes of this Agreement and will be removed from the Customer Account List on the first day of the month following such notice, in which case the Municipality may enter into a separate agreement with the gas supplier to collect the Tax from such Customers. 4, Other Assignments Except as otherwise permitted pursuant to this Section 33A., the Contractor shall not subcontract, assign, delegate or otherwise transfer all or any part of its rights or obligations under this Agreement without the express written consent of the Municipality, such consent not to be unreasonably withheld. Any attempted subcontract, assignment, delegation or transfer made without such express written consent shall be void and of no effect. 5. Conditions of Assignment All subcontracts or assignments permitted pursuant to this Section 33A. (with the exception of transfers permitted pursuant to Section 3.3A.1. and Section 3.3A.3 and subcontracts or assignments where the Municipality approves otherwise pursuant to section 3.3A.4.) shall be deemed conditioned upon performance by the subcontractor or assignee in accordance with the 9253730 terms and conditions of this Agreement. If any such subcontractor or assignee approved by the Municipality pursuant to Section 3.3A.4. shall fail to observe or perform the terms and conditions of this Agreement, the Municipality shall have the right upon written notification to require the performance of this Agreement by the Contractor personally or through any other Municipality- approved subcontractor or assignee. B. Effect of Municipality Consent No subcontract or assignment with respect to this Agreement (with the exception of transfers permitted pursuant to Section 3.3A.1. and subcontracts or assignments where the Municipality approves otherwise pursuant to Section 3.3A.4.), nor any acceptance of or payment for any Tax Collection Services by the Municipality, shall relieve the Contractor of any of its obligations hereunder. C. Assignment by the Municipality Without the express written consent of the Contractor, such consent not to be unreasonably withheld, the Municipality shall not subcontract, assign, delegate or otherwise transfer all or any part of its rights or obligations under this Agreement. Any attempted subcontract, assignment, delegation or transfer made without such express written consent shall be void and of no effect. Notwithstanding the foregoing, the Municipality may, without the consent of the Contractor, (i) assign or otherwise transfer, in whole or in part, its rights to receive the Tax collected hereunder in connection with any debt financing transaction, and (ii) subcontract, assign or delegate all or any part of its rights of assessment and enforcement with respect to the Tax. 3.4 Confidentiality The Contractor and the Municipality hereby agree not to disclose to third parties any information provided to either the Contractor or the Municipality by the other (or by such other parry's agents, contractors, or subcontractors), or obtained by either party in the performance of its obligations under this Agreement. This Section 3.4 shall not apply to the following: (a) information available from public sources, (b) information made public by a party other than the Municipality or the Contractor, (c) disclosure by the Contractor to affiliates of the Contractor, or to the Contractor's agents or subcontractors which is necessary for the Contractor to perform its obligations under this Agreement, (d) disclosure required, in the opinion of the disclosing party's legal counsel, by law, judicial or administrative order or where such disclosure is necessary to comply with Federal or state securities laws, (e) disclosure required by any lender providing financing to the Contractor or the Municipality or from whom such financing is sought, (f) disclosure to a Customer regarding his Tax liability or payment, (g) general instructions and/or general information regarding the Tax provided to the public and/or to Customers, (h) disclosure to the Illinois Commerce Commission, and (i) disclosure required under the Illinois Freedom of Information Act. Furthermore, the Municipality acknowledges that the Contractor's obligations pursuant to this Agreement, including its obligations to provide information or access to information, 10 9253730 particularly Records, to the Municipality, are subject to the Contractor's customer confidentiality policies. The Municipality further acknowledges that such customer confidentiality policies may limit the Municipality's access to such information. The Municipality also acknowledges that any Records transmitted, disclosed or otherwise made available to the Municipality pursuant to this Agreement shall not include identifying information pertaining to the Customer. 3.5 Compliance with Laws The Contractor and the Municipality shall at all times observe and comply, in all material respects, with all applicable laws, ordinances, rules, regulations, policies and executive orders of the federal, state and local government which may affect the performance of this Agreement. ARTICLE 4, TERM 4.1 Term of Agreement A. Original Term This Agreement shall take effect as of the date hereof and shall continue until 20_ (subject to paragraph B below) or until this Agreement is terminated in accordance with its terms, whichever occurs first. The Contractor's duty to perform the Tax Collection Services shall begin with bills issued to Customers on 20_ and shall cease (unless otherwise extended hereunder) with respect to bills issued on or after 20_• B. Extension This Agreement shall automatically extend for successive one -year periods after the original one -year term unless either party elects to terminate this Agreement by written notice delivered to the other party no later than thirty (30) days prior to the end of the then current term or this Agreement is otherwise terminated in accordance with its terms. ARTICLE 5, COMPENSATION As compensation for the Tax Collection Services provided hereunder, the Contractor shall be paid a fee (the "Fee ") equal to 3% of the amount of Tax collected by the Contractor, its subcontractors or its authorized agents and remitted in accordance with Section 3.21). The Contractor shall be entitled to deduct the applicable Fee from each remittance of Tax to the Municipality. Payment of the Fee for any Tax actually collected and remitted to the Municipality in accordance with Section 3.2D., whether before or after the effective date of the termination of this Agreement, shall be in accordance with this Article 5. 11 9253730 ARTICLE 6, DISPUTES The Municipality and the Contractor shall use their best efforts to resolve any disputes arising under this Agreement including disputes as to whether the Contractor failed to remit or timely remit any Tax collected. During any period of dispute resolution, the Contractor shall continue to perform the Tax Collection Services and will be entitled to collect its Fee under Article 5. ARTICLE 7. REPRESENTATIONS AND WARRANTIES 7.1 Contractor's Representations and Warranties In connection with the execution of this Agreement, the Contractor hereby represents and warrants to the Municipality that the Contractor is legally authorized to execute this Agreement and to perform or cause to be performed the Tax Collection Services. 7.2 Municipality's Representations and Warranties In connection with the execution of this Agreement, the Municipality hereby represents and warrants to the Contractor that the Municipality: (A) is a municipality duly constituted and validly existing within the meaning of Section I of Article VII of the 1970 Constitution of the State and is a home rule unit of government under Section 6(a) of Article VII of said Constitution; (B) has full power and authority as a home rule unit of government to impose the Tax and to execute this Agreement; and (C) has duly authorized all necessary action to be taken by it for the imposition of the Tax and the execution and performance of this Agreement. ARTICLE 8. TERMINATION 8.1 Termination Right of Municipality The Municipality shall have the absolute right to terminate this Agreement by a notice in writing from the Municipality to the Contractor setting forth the effective date of such termination: (A) if the Tax is preempted, repealed, or determined by a court of competent jurisdiction to be unconstitutional or otherwise invalid; or (B) upon thirty (30) days' written notice to the Contractor. 12 9253730 If the Municipality elects to terminate this Agreement under this Section 8.1., all Tax Collection Services to be provided hereunder shall cease with respect to bills issued on and after the effective date stated in the notice, which date shall be the first day of a calendar month. 812 Termination Right of Contractor The Contractor shall have the absolute right to terminate this Agreement by a notice in writing from the Contractor setting forth the effective date of such termination: (A) if the Illinois Commerce Commission issues an order prohibiting the Contractor from performing all or part of the Tax Collection Services; (B) if the Tax is preempted, repealed, or determined by a court of competent jurisdiction to be unconstitutional or otherwise invalid; or (C) upon thirty (30) days' written notice to the Municipality. If the Contractor elects to terminate this Agreement under this Section 8.2., all Tax Collection Services to be provided hereunder shall cease with respect to bills issued on and after the effective date stated in the notice, which date shall be the first day of a calendar month. ARTICLE 9, GENERAL CONDITIONS 9.1 Entire Agreement A. General The Contractor and the Municipality acknowledge that this Agreement shall constitute the entire agreement between the parties and no other warranties, inducements, considerations, promises or interpretations shall be implied or impressed upon this Agreement that are not expressly addressed herein and therein. B. No Collateral Agreements The Contractor and the Municipality agree that, except for those representations, statements or promises expressly contained in this Agreement, no representation, statement or promise, oral or in writing, of any kind whatsoever, by either party, its officials, its agents or its employees has induced the other party to enter into this Agreement or has been relied upon by either party including any with reference to (i) the meaning, correctness, suitability or completeness of any provisions or requirements of this Agreement; (ii) the nature of the Tax Collection Services to be performed; (iii) the nature, quantity, quality or volume of any materials, labor or other facilities needed for the performance of this Agreement; (iv) the general conditions which may in any way affect this Agreement or its performance; (v) the compensation provisions of this Agreement; or (vi) any other matters, whether similar to or different from those referred to in clauses (i) through (v) above, affecting or having any connection with this Agreement or the negotiation or performance hereof. 13 9253730 9.2 Counterparts This Agreement is comprised of several identical counterparts, each to be fully executed by the parties and each to be deemed an original having identical legal effect. 93 Amendments No changes, amendments, modifications or discharge of this Agreement, or any part hereof, shall be valid unless in writing and signed by the authorized agent of the Contractor and by the Municipality or their respective successors and assigns. 9.4 Governing Law and Jurisdiction This Agreement shall be governed as to performance and interpretation in accordance with the laws of the State of Illinois without regard to principles of conflicts of law. 9.5 Severability The invalidity of any one or more phrases, sentences, clauses or sections contained in this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement. 9.6 Interpretation Any headings of this Agreement are for convenience or reference only and do not define or limit the provisions hereof. Words of any gender shall be deemed and construed to include correlative words of the other genders. Words importing the singular number shall include the plural number and vice versa unless the context shall otherwise indicate. All references to any exhibit or document shall be deemed to include all supplements and/or amendments to any such exhibits or documents entered into in accordance with the terms and conditions hereof and thereof. All references to any person or entity shall be deemed to include any person or entity succeeding to the rights, duties and obligations of such persons or entities in accordance with the terms and conditions of this Agreement. 9.7 Assigns All of the terms and conditions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, transferees and assigns. 918 Invalid Tax or Exemption from Tax; Responsibility for Refunds and Collection In the event that it is determined by a court or administrative agency of competent jurisdiction that the Tax does not apply to the use of gas by a Customer from whom the Tax was collected and remitted to the Municipality in accordance with this Agreement, it shall be the Municipality's responsibility to make any necessary refunds; the Contractor shall not be responsible for any refunds to the Customer, nor shall the Contractor be required to refund to the Municipality any Fee retained by the Contractor with respect to the Tax collected from that 14 9253730 Customer. If, notwithstanding the foregoing, the Contractor is ordered by a court or administrative agency of competent jurisdiction to make any necessary refunds, the Municipality shall reimburse the Contractor for any such refunds made by the Contractor. In the event that any aspect of the Tax is found to be invalid or unconstitutional by a court of competent jurisdiction, it shall be the Municipality's responsibility to make any necessary refunds; the Contractor shall not be responsible for any refunds of the Tax to Customers, nor shall the Contractor be required to refund to the Municipality any Fee retained by the Contractor with respect to Tax collected. If, notwithstanding the foregoing, the Contractor is ordered by a court or administrative agency of competent jurisdiction to make any necessary refunds, the Municipality shall reimburse the Contractor for any such refunds made by the Contractor. In the event that any exemption from the Tax is found to be invalid or unconstitutional by a court of competent jurisdiction, it shall be the Municipality's responsibility to collect any amounts of the Tax then due; the Contractor shall not be responsible to collect any such amounts. If, notwithstanding the foregoing, the Contractor is ordered by a court or administrative agency of competent jurisdiction to collect any amounts of the Tax then due, the Municipality shall reimburse the Contractor for any costs of the Contractor related to the collection of such Tax. 919 Miscellaneous Provisions Whenever under this Agreement the Municipality by a proper authority waives the Contractor's performance in any respect or waives a requirement or condition to either the Municipality's or the Contractor's performance, the waiver so granted, whether express or implied, shall only apply to the particular instance and shall not be deemed a waiver forever or for subsequent instances of the performance, requirement or condition. No such waiver shall be construed as a modification of this Agreement regardless of the number of times the Municipality may have waived the performance, requirement or condition. Whenever under this Agreement the Contractor by a proper authority waives the Municipality's performance in any respect or waives a requirement or condition to either the Municipality's or the Contractor's performance, the waiver so granted, whether express or implied, shall only apply to the particular instance and shall not be deemed a waiver forever or for subsequent instances of the performance, requirement or condition. No such waiver shall be construed as a modification of this Agreement regardless of the number of times the Contractor may have waived the performance, requirement or condition. 9.10 Nonliability of Public Officials No official or employee of the Municipality shall be charged personally by the Contractor or by any assignee or subcontractor of the Contractor with any liability or expenses of defense or be held personally liable to them under any term or provision of this Agreement or because of the Municipality's execution or attempted execution thereof or because of any breach hereof. 15 9253730 9.11 Nonliability of the Contractor's Officers, Directors, Employees and Agents No officer, director, employee or agent of the Contractor shall be charged personally by the Municipality or by any assignee or subcontractor of the Municipality with any liability or expenses of defense or be held personally liable to them under any term or provision of this Agreement or because of the Contractor's execution or attempted execution thereof or because of any breach hereof. 9.12 Consequential Damages; Fines; Etc. Notwithstanding any other provision in this Agreement, neither the Municipality nor the Contractor, or their respective officers, directors, employees, representatives or agents shall be liable to the other for consequential losses or damages, including punitive or exemplary damages, arising out of or incurred in connection with the Tax Collection Services. The Municipality and the Contractor each hereby release each other and their subcontractors, officers, directors, employees, representatives and agents from any such liability. The Contractor shall not be liable to the Municipality for any fine, assessment, penalty, forfeiture, fee, interest payment or other charge in connection with the Tax Collection Services or this Agreement notwithstanding any present or future ordinance, mandate or directive adopted by the Municipality that may purport to authorize the Municipality to assess any such fine, assessment, penalty, forfeiture, fee, interest payment or other charge to the Contractor in connection with the Tax Collection Services or this Agreement. The Municipality shall not seek to impose any lien or encumbrance upon any property of the Contractor, or seek to revoke, modify or refuse to renew or grant any license, right or franchise of the Contractor as a means, directly or indirectly, to seek to compel compliance by the Contractor with this Agreement or in connection with any dispute relating to the performance of the Tax Collection Services or any obligations of the Contractor relating thereto. 9.13 Limitation of Liability To the fullest extent permitted by law, the cumulative maximum liability of the Contractor to the Municipality with respect to claims and costs arising out of the performance or nonperformance of the Tax Collection Services shall not exceed the amount of the Contractor's Fee paid to the Contractor during the period that is one year prior to the date on which the Municipality commences an action against the Contractor. 9.14 Indemnification by Municipality Related to Imposition of Tax The Municipality agrees to indemnify, defend and hold harmless the Contractor, including its officers, agents and employees, against any liability, loss, costs and expenses, including all costs of litigation and all reasonable attorneys' fees, that the Contractor, including its officers, agents and employees, incur, sustain or are subject to that results from or arises out of any claim, cause of action or litigation wherein another party asserts that any aspect of the Tax (including any exemption from the Tax) is unconstitutional under the United States or Illinois constitutions or otherwise invalid. 16 9253730 9.15 Limitation Period on Actions No action, regardless of form, arising out of this Agreement, or alleging any breach of this Agreement, may be brought by either the Contractor or the Municipality against the other party more than three years after such an action accrued. ARTICLE 10. NOTICES Notices provided for herein, unless expressly provided for otherwise in this Agreement, shall be in writing and may be delivered personally or by placing in the United States mail, first class and certified, return receipt requested, with postage prepaid and addressed as follows: If to the Municipality: Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053 Attention: Finance Director/Treasurer If to the Contractor: Nicor Gas Company 1844 Ferry Road Naperville, Illinois 60563 -9600 Attention: Billing Manager With a Copy to: Nicor Gas Company 1844 Ferry Road Naperville, Illinois 60563 -9600 Attention: Community Relations Manager Changes in the above - referenced addresses must be in writing and delivered in accordance with the provisions of this Article 10. Notices delivered by mail shall be deemed received three days after mailing in accordance with this Article 10. Notices delivered personally shall be deemed effective upon receipt. ARTICLE 11, AUTHORITY 11.1 Municipality's Authority This Agreement is entered into by virtue of the home rule authority conferred on the Municipality under Section 6(a), Article VII of the 1970 Constitution of the State. 11.2 Contractor's Authority Execution of this Agreement by the Contractor is authorized by bylaws or a resolution of its Board of Directors, and the signature of each person signing on behalf of the Contractor have been made with complete and full authority to commit the Contractor to all terms and conditions of this Agreement. 17 9253730 IN WITNESS WHEREOF, the Municipality and the Contractor have executed this Agreement on the date first set forth above. VILLAGE OF MORTON GROVE By: Daniel P. DiMaria, Village President NORTHERN ILLINOIS GAS COMPANY, d/b /a/ NICOR GAS COMPANY By: Its: 18 9253730 Legislative Summary AUTHORIZING A CONTRACTUAL AGREEMENT WITH TOBIN CHEUK OF MORTON GROVE, ILLINOIS FOR TECHNOLOGY SERVICES, OPERATIONS SUPPORT, AND APPLICATION DEVELOPMENT Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Respectfully Submitted: Reviewed July 13, 2015 To authorize an agreement with Tobin Cheuk of Morton Grove, Illinois for technology services, operations support, and application development. To provide a cost - efficient technology operation via skilled service professionals to support a technology and networking infrastructure for the Village's ongoing business and community operations. The Village's technology infrastructure supports the operations for all Village departments. The infrastructure includes hardware, networking, software applications and licensing, vendor management, and other management tasks. The Information Technology Division has engaged Tobin Cheuk of Morton Grove, Illinois since 2013 for various technology- related tasks in support of Village operations. The Information Systems Manager recommends continuing the professional services agreement between Tobin Cheuk and the Village of Morton Grove through 2015. Technology operations The professional service agreement will be structured as a per -hour basis, not to exceed $40,000 for the remainder of Fiscal Year 2015. Funds from the Information Technology Division — Account No. 022025- 552110. The information Systems Manager will oversee the management of the professional services agreement. Approval as presented. Not required. None. J. Friel, VilWe Administrator Pro Tern Teresa Hophian Liston, Corporation Counsel Prepared by: Boyle Wong, Info Systems Manager RESOLUTION 15 -55 AUTHORIZING A CONTRACTUAL AGREEMENT WITH TOBIN CHEUK OF MORTON GROVE, ILLINOIS FOR TECHNOLOGY SERVICES, OPERATIONS SUPPORT, AND APPLICATION DEVELOPMENT WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village of Morton Grove maintains networking and technology infrastructure to support ongoing business and community operations; and WHEREAS, the Information Technology Division ( "Division "), in the normal course of evaluating operational structures, seeks cost - efficient means to provide internal technology services; and WHEREAS, this Division requires and retains skilled technology professionals which supports the Village's technology infrastructure and ongoing technology operations; and WHEREAS, the Division maintains a need for skilled professionals in the area of technology services, operational support, and application development to sustain normal and regular Village operations; and WHEREAS, in consideration of the evaluation of all technology operating needs, the Division is recommending establishing a professional services agreement with Tobin Cheuk, 5823 Capulina Avenue, Morton Grove, Illinois 60053; and WHEREAS, Tobin Cheuk will provide technology services, operational support, and application development on a per -hour basis; and WHEREAS, funding for the above services is included in the 2015 Annual Budget in account number 022025 - 552110. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village Administrator Pro Tem of the Village of Morton Grove is hereby authorized to execute, and the Village Clerk to attest to an agreement with Tobin Cheuk, 5823 Capulina Avenue, Morton Grove, Illinois 60053 for the Village's technology services, operations support, and application development. SECTION 3: The Village Administrator and/or his designees are authorized to take all steps necessary to finalize negotiations for said agreement and implement its terms and conditions. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 13" DAY OF JULY 2015 Trustee Grear Trustee Minix Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 13`s DAY OF JULY 2015 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office this 14th day of July 2015 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois